What is the ruling when a son acknowledges two brothers simultaneously, and they confirm each other's claim?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the son acknowledges his two brothers simultaneously, and each one confirms the other's statement, their lineage is established. This establishment occurs because the acknowledgment is made by one who possesses established lineage (the acknowledging son), and both potential heirs confirmed the acknowledgment.
Supporting text
If the two alleged brothers deny each other's claim (takadhaba), there are two views. The primary view, held by Al-Shafi'i, is that their lineage is not established because neither one acknowledged the other has the right of inheritance as confirmed by all heirs. The second view holds that their lineage is established because each one received acknowledgment from an established heir, who was the entirety of the heirs at the time of the acknowledgment; thus, agreement from the other potential heir is not required, similar to the case of minors.