Does the acknowledgment of kinship by all legal heirs establish the lineage of one who shares the inheritance?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The lineage of an individual who shares in the inheritance is established if all legal heirs acknowledge that kinship. This applies whether the heirs are a single person or a group, male or female. This view is held by Al-Shafi'i and Abu Yusuf, and it is narrated from Abu Hanifa. The reasoning is that the heir stands in the place of the deceased regarding inheritance, debts, evidence, claims, and oaths, and this applies equally to lineage. Evidence supporting this is the narration where Sa'd ibn Abi Waqqas and 'Abd ibn Zam'a disputed the parentage of the son of Zam'a's slave woman. The Prophet, peace be upon him, ruled that the child belonged to 'Abd ibn Zam'a, stating, 'He is yours, O 'Abd ibn Zam'a, and the adulterer has the stone (i.e., deprivation).' This ruling established the lineage for 'Abd ibn Zam'a.
Supporting text
The well-known position attributed to Abu Hanifa requires the acknowledgment of two men, or one man and two women, for lineage to be established. Similarly, Malik holds that it requires the acknowledgment of two individuals because lineage pertains to the establishment of parentage onto another, thus requiring the number specified for testimony.