What is the ruling regarding the parentage of a child conceived by two men concurrently?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
When two men have sexual intercourse with a woman during the same period of purity, the resulting child is given the choice of which man to claim lineage from upon reaching maturity. This view is held by Imam Ahmad, Abu Abdullah ibn Hamid, and is the position in the later ruling of Imam Al-Shafi'i. The evidence cited for this choice is the statement attributed to Umar: 'The father of whom you wish.' Furthermore, the principle is invoked that a person naturally inclines towards their close relative, and since the child's lineage is unknown, the acknowledgment by one capable of acknowledging (the claimant), and the acceptance by the one to whom acknowledgment is made, establishes the lineage, similar to a sole claimant. The initial choice, once made, cannot be retracted or negated by a later contrary choice.
Supporting text
The view of Imam Al-Shafi'i's older ruling (Qadim) was that the choice should be made upon the child reaching the age of discernment (tamyiz). The opinion of the Ahl ar-Ra'y (Hanafi school) is that the child is immediately ascribed to both claimants solely based on their assertion, because if each claim were heard individually, it would be accepted, thus it must be accepted when they coincide and both claims can be acted upon, similar to acknowledging a debt owed.