What is the inheritance share of one twin subject to a curse of non-paternity (li'an) when the husband has not negated the paternity of another son born to him?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The majority of scholars hold that the inheritance share of one twin (who was subject to the curse of non-paternity) from the other twin who died is the same as the inheritance share of the other twin who remains alive. The basis for this ruling is that the two were twins and no father has been established for them to inherit from, which resembles the twins born of an adulteress. The situation differs from when the husband acknowledges the paternity of one twin, as that acknowledgment establishes his fatherhood over that specific child.
Supporting text
Imam Malik holds that the surviving twin inherits from the deceased twin as a full brother (brother through both parents). This view is also one of the two opinions held by the companions of Imam Shafi'i. The reasoning for this dissenting view is that they are brothers through both parents, demonstrated by the fact that if the husband had acknowledged one twin, the other twin would also be legally connected to him.