Does lineage of a child attach to the claimant if the child is deceased?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The lineage of a child attaches to the claimant whether the child was alive or dead, and regardless of whether the child was wealthy or poor. This position is held by Al-Shafi'i and Abu Thawr. The evidence supporting this includes the reasoning that this child was previously negated by the *Li'an* (oath of imprecation), meaning its subsequent acknowledgment is permissible, similar to if the child were alive. Furthermore, the lineage of a grandchild follows the lineage of the child, and it is incorrect to make the origin (parent's lineage) follow the branch (grandchild's lineage) as some jurists have suggested.
Supporting text
Al-Thawri holds that if the deceased child possessed wealth, lineage does not attach because the claimant is essentially claiming property. If the deceased child owned no wealth, lineage attaches. The Ashab al-Ra'y (Hanafi jurists) rule that if the deceased child left heirs, the lineage of the deceased child attaches to the claimant, and the lineage of the deceased child's son (the claimant's grandchild) follows. If the deceased child left no heirs, the acknowledgment is invalid because the lineage is severed by death, and thus nothing is inherited by the claimant.