Chapter: Acknowledgment of a Co-Heir in an Estate

If all the heirs—even if there is only one—acknowledge someone as an heir of the deceased, and he confirms it; or if he is a minor or insane, and the person acknowledged is of unknown lineage, then his lineage and right of inheritance are established. If one of the deceased’s two sons acknowledges a brother equal to himself, then the acknowledged brother is entitled to one-third of what is in his hand. If he acknowledges a sister, she is entitled to one-fifth of it.

When a person’s lineage is established through someone, he inherits from him and is inherited from him. But when his lineage is not established and he is of unknown lineage, and the heirs acknowledge that this person is their brother, then, if all the heirs acknowledge him—even if there is only one heir—his lineage and right of inheritance are established. As for the inheritance, this is because the heir has made an acknowledgment against himself, and whoever acknowledges something against himself is held to what he has acknowledged.

An example of this is a man who, after his father has died, says: “This is my brother.” He has thereby acknowledged that half of his father’s estate belongs to this person, so he is bound by his acknowledgment without question. There is no excuse for one who makes such an acknowledgment. But how can the lineage be established? For if we rule that the lineage is established, the person acknowledged becomes his brother, the paternal uncle of his children, and so forth.

The answer is that the person acknowledged is of unknown lineage, and the Sacred Law has a great concern that lineages be attached and established. It does not wish for its children to be lost, with it unknown to whom they belong. Since the Sacred Law’s concern and solicitude for establishing lineage are so great, we say: once he acknowledges him, his lineage is established.

Thus, the reason he is included with him in inheritance is that this heir has acknowledged another person’s right against himself, so it is accepted. The reason he is included with him in lineage is the Sacred Law’s care and solicitude for establishing lineage, because this person has no established lineage.

But if he acknowledges someone whose lineage is already known, his acknowledgment is invalid. Therefore, certain conditions are necessary.

His statement, “If all the heirs acknowledge, even if there is only one,” is an indication that the issue is not based on testimony. For if it were based on testimony, two witnesses would be necessary.