What is the ruling if a *Qā'if* identifies lineage, and subsequently, another *Qā'if* or the same *Qā'if* offers a conflicting identification?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the first *Qā'if* establishes lineage to one person, and a subsequent *Qā'if* identifies a different person, the child remains legally attached to the first, because the declaration of the *Qā'if* is analogous to the ruling of a judge; once a judge rules, that ruling cannot be overturned by a subsequent ruling contradicting it. This also applies if the first *Qā'if* retracts their original finding and identifies someone else. However, if the other party provides independent, legally valid proof (*bayyinah*) that the child is theirs, the declaration of the *Qā'if* is set aside, as the proof acts as the primary original basis, similar to how *tayammum* (dry ablution) is invalidated by the presence of water.