al-Hasan. This was also narrated from Abu Yusuf. Our position is that the rationale for which he is attached to two is present in what exceeds that; therefore, it is used as an analogy. Just as it is possible for him to be created from two, it is possible for him to be created from more than that. Their statement that attaching him to two is contrary to the original principle is prohibited, and even if we concede it, it was established for a reason found in other cases, so it is necessary to extend the ruling by it, just as the permission to eat carrion in times of severe hunger was permitted contrary to the original principle, which does not prevent it from being used as an analogy for other people's wealth, the hunting of the Sacred Precinct (Haram), and other forbidden things, due to the presence of the rationale, which is preserving life and saving it from destruction. As for the statement of those who say that it is permissible to attach him to three and no more, it is an arbitrary ruling, for they neither restricted themselves to what was explicitly stated (mansus), nor did they extend the ruling to everything in which the rationale was found. We do not know of any special significance in the number three that requires the attachment of lineage to them, so limiting it to that based on arbitrary opinion is not permissible.

Section: If there are no qafah, or the matter is ambiguous to them, or their statements contradict one another, or if there is someone whose word is not trusted, then neither of them is given preference by mentioning a mark on his body; because that is not a basis for preference in other claims, except for the discovery of property and the foundling (laqit), and his lineage would be lost. This is the position of Abu Bakr. Ahmad, may Allah have mercy on him, indicated regarding two men who had intercourse with a woman in one period of purity that the son is given the choice of whichever of them he prefers. This is the position of Abu Abd Allah b. Hamid, who said: He is left until he reaches the age of discernment, then he attributes himself to whom he prefers among them. This is the new position (al-jadid) of al-Shafi'i, while he said in the old position (al-qadim): until he reaches the age of discrimination; based on the statement of Umar: "Ally yourself with whichever of them you wish." And because a person by nature inclines toward his relative rather than someone else, and because his lineage is unknown, yet someone who is of the people entitled to make an acknowledgement has acknowledged him, and the one acknowledged has confirmed it, so his lineage is established, just as if he were alone. The Hanafis (Ashab al-Ra'y) said: He is attached to both claimants by the mere claim; because if each of them were alone, his claim would be heard, so if they join together and it is possible to act upon both, it is obligatory, just as if he acknowledged him regarding wealth.