What is the ruling when two women claim the same newborn child?
Chapter on Sharing in Purity
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a newborn is in the custody of two women who both claim him, *Qafah* is consulted with them. If *Qafah* attributes him to one, he belongs to her, and they inherit from each other. If *Qafah* attributes him to both, or denies him from both, he is not affiliated with either one.
Supporting text
If each woman presents testimonial evidence (*bayyinah*), the testimonies contradict each other and are not accepted. This is the view of Abu Yusuf and Al-Lu'lu'i. Abu Hanifa ruled that lineage is established from both, and they inherit from him as if he were the son of a single mother, similar to when he is attributed to two men. Our proof is that one of the two statements from the women must be certainly false and thus inadmissible, just as if the falsehood were known, and rejecting one necessarily requires rejecting both due to the uncertainty of which one is correct, and because this situation is impossible, it cannot be established by evidence or otherwise, such as if the child were older than both women.