Does establishing lineage through the admission of all heirs necessitate inheritance for the acknowledged person if their inheritance would negate the admission of another heir?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

If all heirs admit the lineage, the lineage is established, and the person should inherit, provided the person being acknowledged does not cause the nullification of the inheritance of the acknowledging heir (e.g., if a brother acknowledges a son, or a full brother acknowledges a half-brother). In such a case, Al-Shafi'i, in the apparent view of his school, establishes the lineage but does not grant inheritance to avoid the implication that an heir is making an admission that causes the nullification of another heir's established lineage and inheritance rights. However, the counter-argument is that since it is an admission from all heirs establishing lineage for someone who would inherit if the lineage were proven by other means, inheritance must follow. He is an heir whose lineage is established; therefore, no universally agreed-upon barrier prevents his inheritance, similar to a case proven by evidence. The consideration is whether the person is an heir at the time of admission or would have been an heir absent the admission.

Supporting text

The counter-argument to limiting inheritance is that if the latter condition (being an heir absent the admission) were considered, lineage would not be established if one heir admitted another who shared the inheritance with him, as this would be an admission by only some of the heirs. The rebuttal to this is that in the current case, the acknowledged person also admits his own lineage, putting them on equal footing.