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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 380

Translation · EN

to him with property. Our position is that their claims have conflicted, and there is no proof for either of them, so it is not established, just as if they both claimed his enslavement. As for their statement that "he inclines by his nature toward his relative," we say: He only inclines toward his relative after knowing that he is his relative; thus, the knowledge of that is the cause of the inclination, [so it does not hold] prior to it. Even if it were established that he inclines toward his relative, he might also incline toward someone who has done him a favor, for hearts are predisposed to love those who have been kind to them and to hate those who have done them wrong. He might also incline toward him due to the other person having mistreated him, or he might incline toward the one with the better character, higher status, greater prestige, or more wealth. Thus, the inclination loses its efficacy as a pointer to lineage. As for their statement that he confirmed the one who acknowledged his lineage, we say: It is not permissible for him to confirm it, for the Prophet (may Allah bless him and grant him peace) cursed the one who claims to be the child of someone other than his father, or who affiliates himself with someone other than his masters. Since he does not know that this man is his father, he is not safe from being cursed by his confirmation. This differs from the case when he is alone, for in the case of a single claimant, the lineage is established by his statement without the need for confirmation. As for the statement of Umar, "Ally yourself with whichever of them you wish," it is not established; and even if it were, it would not contain proof, for he only commanded him to show allegiance (muwalat), not to establish lineage (intisab). According to the position of those who grant him the right to attribute himself to one of them, if he were to attribute himself to one of them and then return and attribute himself to the other, or negate his lineage from the first, or not attribute himself to anyone, it would not be accepted from him; for his lineage has already been established, so his retraction is not accepted, just as if a lone individual claimed his lineage and then denied it. This differs from a boy who is given the choice between his parents, where he chooses one and then is returned to the other if he chooses him, because there is no legal ruling in the boy’s statement; he is merely following his choice and desire, resembling one who desires a certain food on one day and then desires another on another day.

Notes

(60) In Al-Asl: "tab'uhu" (his nature). (61) In M: "wa-la sabab" (and no cause). (62) Narrated by Ibn Majah, in: The Chapter of One who claims to be the child of someone other than his father, or who affiliates himself with someone other than his masters, from the Book of Penalties (Hudud). Sunan Ibn Majah 2/870. (63) In M: "thabata" (was established). (64) In M: "man" (who). (65) In Al-Asl: "aw nafa" (or he negated). (66) In M: "wahid" (one). (67) Omitted from Al-Asl.

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