Section: If one of the two heirs is not legally accountable, such as a child or a person of unsound mind, and the legally accountable one acknowledges a third brother, the lineage is not established by his acknowledgement; because he does not possess the entire inheritance. If the child reaches puberty, or the insane person regains his reason, and they also acknowledge him, his lineage is established; due to the agreement of all the heirs upon him. If he denies it, the lineage is not established. If they both die before becoming legally accountable, the lineage of the acknowledged person is established; because the acknowledgement has been found from all of the heirs, for the acknowledged person (14) has become one of all the heirs. If the two heirs were adult and sane, and one of them acknowledged him while the other denied it, then the denier died and the acknowledger inherited from him, the lineage of the acknowledged person is established; because the acknowledger (15) has become all of the heirs, so it is similar to if he had acknowledged him initially after the death of his brother, and as if his partner in the inheritance were not legally accountable. There is another view that the lineage is not established; because some of the heirs denied it, so his lineage is not established, just as if he had not died, unlike when his partner is not legally accountable, for he (16) did not have an heir deny it. This is in the case where the acknowledger would possess the entire inheritance after the deceased. If the deceased has another heir besides him, or someone who shares the inheritance with him, the lineage is not established by the statement of the remaining one of them, by a single consensus; because he is not all of the heirs, and the heir of the second deceased stands in his place, so if he agrees with the acknowledger in his acknowledgement, the lineage is established, and if he disagrees with him, it is not established, just like the person from whom inheritance is derived. If he left two children, and one of them acknowledged a brother, and the other denied him, then the denier died and left a son, and he acknowledged the one his father had denied, his lineage is established; due to the acknowledgement of all the heirs of him. It is possible that it is not established; due to the deceased’s denial of him.

Section: When the heir acknowledges someone who would exclude him, such as a brother acknowledging a son of the deceased, or a paternal brother acknowledging a full brother, or a son of a son acknowledging a son of the deceased, the lineage of the acknowledged person is established, and he inherits, while the acknowledger is dropped. This is the choice of Ibn Hamid and the Qadi, and the view of Abu al-Abbas ibn Surayj. Most of the Shafi'i scholars said: The lineage of the acknowledged person is established, but he does not inherit; because his inheritance leads (17) to the dropping of his [the acknowledger's] inheritance.