Does the acknowledgment of a son regarding his brother, when the deceased left a wife and only that son, establish the latter's lineage?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The lineage of the acknowledged brother is not established because not all heirs acknowledged him. The legal consequence is that if the two brothers do not have any other heirs besides each other, they cannot inherit from each other because the lineage between them is not established. If one of them has an heir other than his brother, that other heir does not inherit from him because he is a claimant in the inheritance and his lineage has not been established.
Supporting text
There are two differing opinions regarding whether the two brothers inherit from each other. One view holds that they do inherit from each other because each one acknowledges that he has no heir except his companion, and there is no one contesting their claim. The second view holds that they do not inherit from each other because the lineage between them has not been established.