What is the ruling regarding the killing of an unknown infant claimed by two people, prior to establishing paternity?

General Chapter

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 1

Open in Qurani

Primary text

If two individuals claim lineage to an unknown infant and then kill the child before attributing paternity to either one, no retribution (*qisas*) is due upon them. This is because it is permissible that the child could be the son of either one of them or the son of both jointly.