If a Dhimmi (protected non-Muslim) claims paternity of a foundling, is the lineage established?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If the claimant is a Dhimmi, the lineage is attached to him because he is stronger than a slave in establishing filiation, as filiation is established for him through lawful marriage and cohabitation while owning a concubine. This establishes lineage but not religion. This is the ruling unless the Dhimmi's claim is to follow him in religion.
Supporting text
Abu Thur argued that the lineage should not be attached because the child is presumed Muslim. Regarding religion, Al-Shafi'i holds in one opinion that he follows the Dhimmi in religion because everything attached through lineage is attached in religion, but there is no confirmation of this view because accepting the Dhimmi's claim regarding religion would imply ruling on his disbelief, which is not permissible based solely on his claim, unlike the pure benefit of lineage.