[is his] daughter, for she is a female created from his fluid, and this (24) is a reality that does not change with [the status of] lawfulness or prohibition. This (25) is indicated by the saying of the Prophet (peace and blessings of Allah be upon him) regarding the wife of Hilal ibn Umayyah: "Observe him"—meaning her child—"if she brings him forth with such and such a description, then he is for Sharik ibn Sahma," meaning the adulterer (26). And because she is created from his fluid (27), she resembles the one created from intercourse by doubt (28). And because she is a part of him, she is not lawful for him, just like his daughter from a [valid] marriage. The absence of some rulings does not negate her being a daughter, just as if it were lacking due to slavery or difference in religion. Once this is established, there is no difference between his knowing that she is from him—such as if he has intercourse with a woman in a period of purity during which no one else had touched her, and he then guards her until she gives birth—or such as if a group of people shares in having intercourse with a woman, and she comes with a child, and it is not known whether the child is from him or from someone else. In that case, she becomes prohibited to all of them for two reasons: First, she is the daughter of the woman they had intercourse with. Second, we know that she is the daughter of one of them, so she becomes prohibited to all, just as if two guardians performed a marriage and the one who acted first is unknown; they [the girls] become prohibited to their [the men's] children because she is the sister of one of them, [though] it is not known which. If the physiognomist (al-qa'ifah) attributes her to one of them, she becomes lawful to the children of the others, but she does not become lawful to any of those who had intercourse with her mother, because she is in the meaning of his step-daughter.

Section: Intercourse with a deceased person entails two possibilities: First, that it spreads the prohibition; because it is a factor that spreads eternal prohibition, so it is not restricted to life, like breastfeeding. Second, that it does not spread it. This is the opinion of Abu Hanifah and al-Shafi'i, because it is not a cause for part-hood (29), and because prohibition relates to fulfilling the benefit of intercourse, and death nullifies [such] benefits. As for breastfeeding, it prohibits due to what results from it of flesh growth and bone firming, and this is produced from the milk of a deceased woman. Regarding intercourse with a young girl, there are also two possibilities: First, that it spreads it. This is the opinion of Abu Yusuf; because it is intercourse with a living human female in the private part, resembling intercourse with an adult woman. Second, that it does not spread it. This is the opinion of Abu Hanifah; because it is not a cause for part-hood (29), resembling intercourse with a deceased woman.