Is testimony permissible based on hearing a boy state, 'This is my father,' when the man hears it and remains silent?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Testimony is permissible in this scenario because the father's silence is taken as an admission of the lineage, and an admission establishes lineage, thus validating the testimony. Silence here is established in place of a direct admission because admission concerning false lineage is permissible, unlike in other claims. Furthermore, establishing lineage is favored, as demonstrated by lineage being ascribed in cases of marriage (*nikah*).
Supporting text
Abu Al-Khattab suggested that testimony should not be given based solely on silence unless it is repeated, reasoning that silence is not a true admission but merely stands in its place, thus requiring repetition for reinforcement, similar to how continuous possession strengthens a claim over real estate.