What is the ruling regarding lineage (*nasab*) when two men have sexual intercourse with a woman in the same pure period, resulting in a child possibly conceived by either?

Chapter on Sharing in Purity

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 6

Open in Qurani

Primary text

When two men have intercourse with a woman in one pure period, such as partners with their jointly owned female slave, or an owner selling a slave girl before observing a period of abstinence (*istibra'*), and the buyer has intercourse before *istibra'*, or two men through a mistaken belief (*shubhah*), or a man divorces his wife and another marries her during her waiting period (*iddah*) and has intercourse, or a man has intercourse with another's slave girl or wife through *shubhah* in the same period her owner/husband had intercourse, and a child is born who could be from either, then *Qafah* (art of physical resemblance analysis) is consulted regarding both men. This is the view of 'Ata', Malik, Al-Layth, Al-Awza'i, Al-Shafi'i, and Abu Thawr. If the woman attributes the child to one, lineage is established with him; if she denies it for one, it is established with the other. This holds whether both claim paternity, neither claims, or one claims and the other denies. If *Qafah* establishes paternity to both, the child is legally theirs. Evidence for establishing lineage through *Qafah* in cases of shared intercourse or ambiguity is drawn from principles applied in similar disputes, though specific scriptural references for this exact scenario are not detailed here beyond establishing the methodology of *Qafah*.

Supporting text

Malik stated that the child of a free woman is not subject to *Qafah*; rather, lineage is established only with the husband possessing the valid marital relationship (*sahih al-firash*) and not with the one who had intercourse through a mistaken belief (*shubhah*). Al-Shafi'i held that lineage cannot be established for more than one man; if *Qafah* attributes paternity to multiple individuals, it is treated as if no *Qafah* was present.