٣٣٦٣٩ - حدثنا وكيع قال: إذا كانا أخوين، فادعى أحدهما أخا وأنكره الآخر قال: كان ابن أبي ليلى يقول: هي من ستة: للذي لم يدع ثلاثة، وللمدعي سهمان، (وللمدعى) (١) سهم.
Waki’ says that when there are two brothers as heirs and one of them acknowledges a man as their brother while the other denies it, regarding this Ibn Abi Layla used to say that this issue will be resolved from six shares: the one who did not acknowledge the lineage will have three shares, the one who made the claim will have two shares, and the one for whom the claim was made will have one share. It is said that Abu Hanifa used to say that this issue will be resolved from four shares: the one who did not make the claim will have two shares, the one who made the claim will have one share, and the one for whom the claim was made will have one share.