for a brother from a father, in a case involving a mother, a sister from both parents, and a sister from a father, their testimony is not accepted; because the establishment of his lineage would remove his sister, so the 'awl (increase in the divisor) would be removed from the case. If they were not heirs, or the deceased had no estate, their testimony would be accepted and the lineage established, due to the absence of suspicion.

Section: If two just men acknowledge the lineage of a participant with them in the inheritance, and there is an heir other than them, the lineage is not established unless they testify to it; and this is what al-Shafi'i stated. Abu Hanifa said: It is established, because they are evidence (bayyina). As for us, it is an acknowledgement by some of the heirs, so the lineage is not established by it, like [the case of] one person. It differs from testimony because integrity (adala) and masculinity are required for testimony, whereas acknowledgement is otherwise.

Section: If [someone] acknowledges the lineage of a deceased person (32), whether a minor or insane, his lineage is established and he inherits from him. This is what al-Shafi'i said. It is possible that his lineage is established without his inheritance, because [the acknowledger] is suspected of intending to take his inheritance. Abu Hanifa said: Neither his lineage nor his inheritance is established, due to that. As for us, the cause for the establishment of his lineage during his life is the acknowledgement of him, and it exists after death, so it is established by it, like the state of life. What they mentioned is invalidated by [the case] where the one acknowledged is alive and wealthy, or the acknowledger is poor, for his lineage is established, and the acknowledger possesses the right to dispose of his property and to hold it back from himself. If the one acknowledged is an adult and sane, it is the same according to the view of the Qadi, and the apparent view of the Shafi'i school, because he has no claim, so he is like the minor. There is another view that his lineage is not established, because the lineage of a mukallaf (legally responsible adult) is not established except by his confirmation, and it has not been found. This is answered by saying that he is not a mukallaf. If he claims the lineage of a mukallaf during his life, and he did not confirm it until the acknowledger died, then he confirms it, his lineage is established; because the acknowledgement and the confirmation from the one acknowledged have been found (34), so it is similar to if he had confirmed it during his life. Abu al-Khattab said: If a man acknowledges the spousal status of a woman, or she acknowledges that so-and-so is her husband, and the one acknowledged did not confirm it (35) until after his death, he inherits from him; because the acknowledgement and confirmation were found together.