What is the ruling when two individuals claim paternity over the same child?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
If two individuals claim paternity over one child, the claim is established for the one who possesses valid legal evidence (bayyinah). If both parties present evidence, the two evidences nullify each other and cannot be utilized in this matter. This is because evidence used in property disputes can either lead to division, which is impossible here, or arbitration through drawing lots (iqra'a). Drawing lots does not establish lineage (nasab).
Supporting text
If it is argued that lineage is established by evidence, and drawing lots is merely a means of preferring one claimant, then it follows that if two men engaged in sexual intercourse with a woman who then gave birth, lots must be drawn between them, implying that the child's lineage attaches through the act of intercourse itself rather than the drawing of lots.