Is a child acknowledged by two men, whose paternity is confirmed by professional ascertainers (Qafah), considered the legitimate child of both?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
When two men claim paternity for a child and the professional ascertainers (Qafah) confirm that the child resembles both, the child is legally established as the son of both. Consequently, the child inherits from both as if they were a single father, and both men inherit from the child according to the laws of a father inheriting from his son. This position is attributed to Umar and Ali (may Allah be pleased with them), and it is the view of Abu Thawr. The evidence supporting this is the narration from Saeed in his Sunan, reporting that when two men had intercourse with a woman during one pure period, and the ascertainer determined the child resembled both, Umar established the child between them. Similarly, it is reported that Ali stated, 'He is their son, and they are his fathers; he inherits from them, and they inherit from him.' Imam Ahmad confirmed this ruling based on narrations concerning Umar and Ali.
Supporting text
The Shafi'i school of thought holds that paternity cannot be established for more than one father. If the ascertainers link the child to two men, their testimony is rejected, and no judgment is made in their favor. This is based on a narration where Umar, upon the ascertainers stating both shared paternity, told the claimant, 'Acknowledge whichever one you wish.' The reasoning provided is that a child cannot physically originate from two men simultaneously. Therefore, if the ascertainers attribute paternity to two, it proves their falsehood, nullifying their claim, similar to cases where a claimant is found false. Furthermore, if the two claimants agreed to share paternity, it would not be established, and if each presented independent proof, both proofs would be nullified. If shared paternity were permissible, it would stand even when they agreed or when their proofs contradicted each other.