and we do not prioritize them in the claim of lineage. Ibn al-Mundhir said: If there is a slave whose wife is a slave-woman, and in their custody is a boy, and a man from the Arabs whose wife is an Arab woman claims that he is his son from his wife, and the slave provides evidence for his claim [that he is his son], then he is his son according to the opinion of Abu Thawr and others. The People of Opinion said: It is judged to belong to the Arab, due to the emancipation that enters into him, and likewise if the claimant is from the Mawali (clients), it belongs to their slave. Their statement is incorrect; because the Arabs and others are equal in the laws of Allah and in the attachment of lineage to them.

Section Two: If two people claim him, and one of them has evidence, he is his son. If they both provide two evidences, they contradict each other and are nullified, and it is not possible to utilize them here; because utilizing them in property is either by dividing it between the two claimants, which is not possible here, or by drawing lots between them, and lineage is not established by the drawing of lots. If it is said: Then its establishment here would be by the evidence, not by the drawing of lots, and the drawing of lots is merely a decider. We say: Then it would follow that if two men share in having intercourse with a woman, and she produces a child, one should draw lots between them, and his attachment would be by the intercourse, not by the drawing of lots.

Section Three: If there is no evidence, or two evidences contradict each other and are nullified, then we present the Qafah (physiognomists) to them, or to their agnatic relatives when the claimants are absent, and we attach him to whomever they (the Qafah) attach him to among them. This is the opinion of Anas, 'Ata', Yazid ibn 'Abd al-Malik, Al-Awza'i, Al-Layth, Al-Shafi'i, and Abu Thawr. The People of Opinion said: The Qafah have no authority, and he is attached to both claimants together; because the judgment of the Qafah relies upon mere resemblance, conjecture, and guesswork, for resemblance is found among foreigners and is absent among relatives. For this reason, it was narrated from the Prophet - peace and blessings of Allah be upon him - that a man came to him and said: O Messenger of Allah, my wife has given birth to a black boy. He said: "Do you have any camels?" He said: