What happens when a man claims a child is his from his wife, the wife claims the same, and another woman also claims the child?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If a man states a child is his from his current wife, and the wife agrees, but another woman also claims the child, the child belongs to the man. Regarding whether the man's wife takes precedence over the other claimant, there are two possibilities. One view favors the wife because her husband is the father, making it likely she is the mother.
Supporting text
Another possibility suggests both women are equal in their claim because if either had claimed the child alone, the claim would have been accepted for her. Therefore, when both convene, they are equal.