What is Imam Al-Shafi'i's ruling regarding the liability of the one making the admission upon a second claim?

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

Imam Al-Shafi'i holds that the one making the admission is obligated to compensate the second claimant with half of the entire estate because the initial admission caused the forfeiture of that right. Furthermore, it is held that the first admission is not voided because it was affirmed by someone who represented the entirety of the heirs at the time of the initial admission. If the first claimant is not believed concerning the second, the second claimant's lineage is not established, and the admitting party gives him one-third of what remains in his hand.

Supporting text

It is also reasoned under Al-Shafi'i's view that the admitting party might be obliged to give one-third of the entire wealth, as he forfeited the right to the second claimant by paying half to the first, whereas he admitted the second only deserved one-third. There is an account attributed to Shariq where liability depends on whether the admitting party knew of the second claimant's existence when making the first admission. If he knew and admitted the first knowing the second would be rejected, he is liable for forfeiting the right of the unknown second claimant; otherwise, if he did not know, he is not liable, as he fulfilled the obligation of admitting the known first claimant.