What is the ruling if the father dies before specifying which of the three sons is his?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the father dies before specifying, his heirs must provide the clarification. Their clarification substitutes for his own. If the heirs establish the lineage but do not clarify the method of procreation (i.e., marriage, private acquisition as Umm Walad, or suspicious cohabitation), the lineage and freedom of the child are established. However, the status of the mother and the other two children as heirs or beneficiaries of the Umm Walad status is not established because the origin could be a marriage or suspicious cohabitation.
Supporting text
If the heirs state they do not know the lineage or the procreation method and submit the matter to a lineage expert (Qafah), if the expert links one child to the father, that child is acknowledged, and the ruling of Umm Walad is not established for the others. If no expert is available, lots (Qur'ah) are drawn among them; the one chosen by lot is freed and inherits.