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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 137Section

Translation · EN

one of them acknowledges a brother, the acknowledged person has one-third of what is in the acknowledger's hand, which is one-sixth of the total estate; for he says: "We are three, for each one of us is one-third, and in my hand is half, so there remains for you in my hand one-sixth," so he pays it to him, which is one-third of what is in his hand. According to the opinion of Abu Hanifa, he pays to him half of what is in his hand, which is one-fourth. And if he acknowledges a sister, he pays to her one-fifth of what is in his hand, for he says: "We are two brothers and a sister, so you have one-fifth of the entire property, which is one-fifth of what is in my hand and one-fifth of what is in my brother's hand." Thus, he pays to her one-fifth of what is in his hand, whereas according to their [Abu Hanifa's school] opinion, he pays to her one-third of what is in his hand.

Section: If all the heirs acknowledge an heir, or the deceased acknowledges him such that his lineage is established through him, his lineage is established, regardless of whether the heirs are one person or a group. This is the opinion of al-Nakha'i and al-Shafi'i. Abu Hanifa, Malik, Ibn Abi Layla, and al-Hasan ibn Salih said: His lineage is not established. It is well-known from Abu Yusuf that lineage is not established except by the acknowledgment of two sons, whether they are male or female, upright (adl) or not. A similar view is reported from Malik. Ibn al-Labban reported, saying: Ash'ath ibn Siwar said, on the authority of a man from the people of Medina, who said: A man and his sister came to Umar ibn al-Khattab (may Allah be pleased with him), and with them was a boy, and they both said: "This is our brother." Umar said: "I will not attach to your father someone whom he did not acknowledge." Our evidence is that 'Abd ibn Zam'a claimed the lineage of the child of his father's bondmaid, and said: "This is my brother, he was born on my father's bed." The Prophet (peace be upon him) accepted his statement and established the lineage thereby. Furthermore, the heir succeeds the one from whom he inherits, as evidenced by the fact that through his confession, that which is established by the confession of the deceased against himself—such as debts and other things—is established. The same applies to lineage, and because the heir succeeds the inherited in his rights, and this is among them. There is no disagreement among them regarding the obligation to pay his inheritance to him, unless the person acknowledged would cause the exclusion of the acknowledger, such as a brother passing by a son, or a son of a son, or a paternal brother.

Notes

(7) In M: "Abdullah ibn Rabi'a". This is an error. (8) Fell out of: the original, A. (9) Its documentation has been provided earlier in: 7/316.

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