What is the ruling on lineage when *Qafah* is disregarded in favor of prior claim or mutual acknowledgment?
Chapter on Sharing in Purity
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Al-Thawri, Abu Hanifa and his companions, Shariq, and Yahya ibn Adam ruled that *Qafah* has no standing; rather, if one claimant precedes the others in making the claim, the child is his. If both claim the child simultaneously, the child belongs to both. Likewise, if multiple men had intercourse and all claim the child, the child belongs to all of them.
Supporting text
It is narrated from 'Ali (may Allah be pleased with him) that he ruled in such cases by resorting to drawing lots (*qur'ah*) and an oath. Ibn Abi Layla and Ishaq held this view, and a similar view is narrated from Ahmad when *Qafah* is absent.