What is the ruling on inheritance when the master acknowledges paternity but dies before clarification, and there is dispute among heirs?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the heir cannot specify, and no *qafah* is available or conclusive, lots are drawn, and one child is freed by the lot, as lot drawing is permissible for establishing freedom. The established school opinion confirms lineage and inheritance for the attributed child. Al-Shafi'i holds that neither lineage nor inheritance is confirmed.

Supporting text

Regarding inheritance, Al-Muzani holds that the son's portion is suspended because it is certain that there is an heir son. Another view holds that nothing is suspended because its revelation is not hoped for. Abu Hanifa holds that half of each is freed, and they are made to work (*yustas'a*) for the remainder, and they do not inherit. Ibn Abi Layla holds similarly, except that the inheritance is divided equally between them, which they pay back through their work.