Imam Ahmad said: The hadith of Qatadah from Sa'id from Umar indicates he apportioned him between them, and Qabus from his father from Ali indicates he apportioned him between them. Al-Athram narrated, with his chain of authority from Sa'id b. al-Musayyib, regarding two men who shared in one period of purity of a woman, and she became pregnant and gave birth to a boy who resembled both of them. This was referred to Umar b. al-Khattab, may Allah be pleased with him, so he summoned the qafah and they examined him, and they said: "We see that he resembles both of them." So he attached him to both of them and decreed that he inherits from them and they inherit from him. Sa'id said: His agnates (asaba) are the remainder of them. What they mentioned regarding Umar, we do not know its authenticity; and if it were authentic, it is possible that he abandoned the statement of the qafah for another reason, either due to a lack of confidence in them, or because something became apparent to him from their statement and their disagreement which necessitated abandoning it, so the impediment to accepting their statement is not limited to them sharing in him. Ahmad said: If the qafah attach him to both of them, he inherits from them and they both inherit from him; if one of them dies, he belongs to the remaining one, and his lineage from the first remains intact, with nothing to remove it. The meaning of his statement: "He belongs to the remaining one," and Allah knows best, is that he inherits from him the inheritance of a full father, just as a grandmother, if she is alone, takes what the grandmothers take, and a wife, if she is alone, takes what all the wives take.
Section: If more than two people claim him and the qafah attach him to them, Ahmad stated in a narration from Muhanna that he is attached to three. The implication of this is that he is attached to whomever the qafah attach him to, even if they are many. Abu Abd Allah b. Hamid said: He is not attached to more than two. This is the position of Abu Yusuf; because we only resorted to that [attaching to two] due to the athar (report), so it should be restricted to it. Al-Qadi said: He is not attached to more than three, and this is the position of Muhammad b. al-Hasan. This was also narrated from Abu Yusuf.
(52) It was recorded by al-Bayhaqi in: The Chapter on the One Who Says: Lots Are Cast Between Them When There Are No Qafah, from the Book of Claims and Evidence (Al-Da'wa wa al-Bayyinat), Al-Sunan al-Kubra 10/268. And by Abd al-Razzaq in: The Chapter on the Group Who Have Intercourse with a Woman in One Period of Purity, from the Book of Divorce (Al-Talaq), Al-Musannaf 7/360. (53) In M: "fanazaru" (so they examined). (54) It was recorded by al-Bayhaqi in: The Chapter on the Qafah and the Claiming of a Child, from the Book of Claims and Evidence (Al-Da'wa wa al-Bayyinat), Al-Sunan al-Kubra 10/264. And by Abd al-Razzaq in: The Chapter on the Group Who Have Intercourse with a Woman in One Period of Purity, from the Book of Divorce (Al-Talaq), Al-Musannaf 7/360. (55) In M: "wa ikhtilafihi" (and his disagreement). (56) In Al-Asl: "nazarna" (we looked/considered).
