by their nature (tab'ihima) and their weight (waznihima), and by what they differ in according to those with knowledge. So, whoever has milk that is the milk of a son, then he is her son, and the daughter belongs to the other. If no physiognomist is found, we evaluate the milk alone. If they dispute one of the two children, and both are males or both females, they are presented to the physiognomist, as we mentioned previously.

Section: If two men claim a foundling (laqit), one of them saying: 'He is my son,' and the other saying: 'She is my daughter,' we examine the situation. If he is a son, he belongs to the claimant who said he was his son; if she is a daughter, she belongs to the claimant who said she was his daughter, because neither of them is entitled to anything other than what he claimed. If the child is an intersex person (khuntha mushkil), he is presented to the physiognomist with both of them, because the word of one is not superior to the other. If each one brings evidence for his claim, the ruling for both is like the ruling if each had made the claim alone; for the evidence of the liar among them is false, its existence is as its non-existence, and the other is truthful, so the judgment is determined by it.

Section: If two men have intercourse with a woman in the same period of purity, in a manner where lineage could be attributed to either, and she gives birth to a child that could be from either—such as if they have intercourse with a slave-girl shared between them during a period of purity, or if a man has intercourse with another's wife or his slave-girl by misconception (shubha) during the period of purity in which her husband or master had intercourse with her, such as if he finds her on his bed and thinks she is his wife or slave-girl, or he calls his wife in the dark and the wife or slave-girl of another answers him, or each of them marries her in a void marriage (fasid), or the marriage of one of them is valid and the other is void, such as if a man divorces his wife and another marries her during her waiting period (idda) and has intercourse with her, or he sells a slave-girl and the buyer has intercourse with her before she has undergone the required clearance (istibra'), and she gives birth to a child that could be from either—then the physiognomist is consulted with both of them. Whichever one they attribute the child to, he is joined to him. The disagreement regarding this is like the disagreement regarding the foundling.

Section: If a claimant claims the servitude of a foundling, his claim is heard because it is possible, even if it contradicts the apparent state of the house. If he has no evidence, he receives nothing, because it is a claim that contradicts the apparent state.