Is the lineage established if one competent heir acknowledges a third party, and the other competent heir denies it, but the denying heir later dies and is inherited by the acknowledging heir?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If two heirs are mature and sane, and one acknowledges a third party while the other denies it, and subsequently the denying heir dies, and the acknowledging heir inherits from him, the lineage of the acknowledged person is established. This is because the acknowledged person now constitutes the entirety of the heirs, similar to an acknowledgment made after the death of the sibling, or when the heir's share in the inheritance is held by someone legally incompetent.

Supporting text

There is an alternative view stating that the lineage is not established because some heirs initially denied it, similar to the situation where the denying heir did not die. This contrasts with the case where the co-heir was incompetent, as an incompetent person does not constitute a denial by an heir.