To how many claimants may paternity (nasab) be established through *Qafah* (art of physiognomy) when multiple individuals claim a child?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If more than two individuals claim paternity, paternity is established based on the determination of the *Qafah* (physiognomists). According to a narration from Muhanna on the authority of Ahmad, paternity is established even if the claimants are numerous. This implies establishment with whomever the *Qafah* affirms the lineage, regardless of quantity. The rationale supporting this is that the underlying cause (*ma'na*) necessitating affirmation with two claimants is equally present when the number exceeds two, thus requiring extension of the ruling through analogy (*qiyas*). If affirmation with two is permissible, affirmation with more than two must also be permissible because the existing justification is present in the excess number.
Supporting text
Abu Abdullah ibn Hamid states that paternity cannot be established with more than two claimants, supporting the view that since this extension is based on tradition (*athar*), it must be limited only to what is explicitly mentioned (i.e., two). Al-Qadi states that paternity cannot be established with more than three claimants, a view also attributed to Muhammad ibn al-Hasan, and narrated from Abu Yusuf. This restriction to three is considered arbitrary because it neither strictly adheres to the explicitly mentioned limit nor fully extends the ruling to all cases where the underlying cause exists, lacking a specific reason unique to the number three that would mandate lineage establishment only with them.