Does a child born from intercourse based on a misconception (shubhah) with a woman without a husband belong to the man who performed the intercourse?

Primary text

The lineage of the child belongs to the man who engaged in intercourse based on a misconception (*shubhah*) with a woman who has no husband. This is the view of Al-Shafi'i and Abu Hanifa. The evidence supporting this view is derived from the principle that lineage follows intercourse where the man believed the act to be lawful, analogous to intercourse in a void marriage (*nikah fasid*). This is distinguished from fornication (*zina*) because the belief in lawfulness is absent there. Imam Ahmad supports this by stating that for anyone from whom the prescribed legal punishment is waived, the child is attributed to him.