What is the legal weight of physical resemblance (*shabah*) in establishing or denying lineage?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
Physical resemblance carries significant weight in establishing lineage, even if not fully conclusive on its own in every scenario. The Prophet, peace be upon him, acted upon resemblance in the case of 'Abd ibn Zam'ah's mother's child, instructing Sawdah to veil herself from him due to his clear resemblance to 'Utbah ibn Abi Waqqas. Lineage is held in high regard and established by the slightest evidence, such as a single woman's testimony of birth, or even by mere claim when the spouse is absent. Conversely, denying lineage requires the strongest evidence. The fact that the *had* (prescribed punishment) for adultery is averted by mere doubt (*shubah*) demonstrates the high caution exercised in matters of lineage, where establishing it requires less stringent proof than establishing a penal punishment.
Supporting text
In the case of 'Abd ibn Zam'ah, the resemblance was set aside in attributing the child because the established *firash* (presumption of paternity via marriage) was deemed a stronger counter-evidence. Similarly, in the *li'an* case, the prescribed punishment against the wife was not enacted because her oaths counterbalanced the evidence of resemblance. This non-application due to stronger or equivalent counter-evidence does not imply that resemblance should be disregarded entirely when no such counter-evidence exists to nullify it.