What is the ruling on two women jointly claiming lineage of the same child?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The acceptance of the claim regarding the lineage of a child made by two women depends on whether their testimony is legally admissible. If both women are among those whose claims are not accepted, their assertion is dismissed. If one woman's claim is accepted while the other's is not, the child is attributed solely to the admissible claimant, similar to a solitary claimant. If the claims of both women are admissible, establishing the lineage requires evidence (Bainah), or reliance upon the judgment of the professional lineage estimator (Qafif), analogous to the ruling concerning two men claiming lineage to the same child.
Supporting text
A narration attributed to Ahmad, via Bakr bin Muhammad, mentions that when a Jewish woman and a Muslim woman both gave birth, and the Jewish woman claimed the child of the Muslim woman, Ahmad paused. Upon suggestion to use the lineage estimator (Qafif), he responded positively, stating it would be excellent. This is because similarity (Shabah) exists between a mother and her child, similar to or even stronger than between a father and son, due to the mother's unique role in carrying and nursing. The ruling remains the same regarding claims involving a disbeliever versus a Muslim, or a free woman versus a slave woman, provided the claim itself is admissible for the claimant, mirroring the ruling for two male claimants.