Hadith 37002

Yahya said that he heard Malik say, "The way of doing thingsgenerally agreed upon in our community in the case of a man who diesand has sons and one of them claims, 'My father confirmed that so-and-so was his son,' is that the relationship is not established by thetestimony of one man, and the confirmation of the one who confirmed itis only permitted as regards his own share in the division of hisfather's property. The one testified for is only given his due fromthe share of the testifier."Malik said, "An example of thisis that a man dies leaving two sons, and 600 dinars. Each of themtakes 300 dinars. Then one of them testifies that his deceased fatherconfirmed that so-and-so was his son. The one who testifies is obligedto give 100 dinars to the one thus connected. This is half of theinheritance of the one thought to be related, had he been related. Ifthe other confirms him, he takes the other 100 and so he completes hisright and his relationship is established. His position is similar tothat of a woman who confirms a debt against her father or her husbandand the other heirs deny it. She must pay to the person whose debt sheconfirms, the amount according to her share of the full debt, had itbeen confirmed against all the heirs. If the woman inherits an eighth,she pays the creditor an eighth of his debt. If a daughter inherits ahalf, she pays the creditor half of his debt. Whichever women confirmhim, pay him according to this.Malik said, "If a man'stestimony is in agreement with what the woman testified to, that so-and-so had a debt against his father, the creditor is made to take anoath with one witness and he is given all his due. This is not theposition with women because a man's testimony is allowed and thecreditor must take an oath with the testimony of his witness, and takeall his due. If he does not take an oath, he only takes from theinheritance of the one who confirmed him according to his share of thedebt, because he confirmed his right and the other heirs denied it. Itis permitted for him to confirm it."