What is the ruling on the inheritance of a hermaphrodite, especially if they are a "khuntha mushkil" (a person whose sex is ambiguous and difficult to determine)?
A hermaphrodite is a person who possesses both male and female organs, or neither of them originally. They inherit according to the distinguishing signs apparent in them. If their condition becomes clear, they inherit the share of a male or a female, depending on what becomes apparent.
As for the ambiguous hermaphrodite (Khuntha Mushkil), there are two cases:
First: That their condition is expected to become clear. Their condition becomes clear by: 1. Urination: If they urinate from the male organ, they are a boy. If they urinate from the female organ, they are a girl. If they urinate from both, the ruling is for the earlier one. If they are equal, then either they remain ambiguous (Hanafis and some Shafi'is and Hanbalis), or the ruling is for the one with more urine (Malikis and others). 2. Signs of Puberty: Such as the growth of a beard and the emission of semen for a male, and menstruation, pregnancy, and the fullness of breasts for a female.
Second: That the hermaphrodite remains ambiguous and their condition does not become clear. Their inheritance differs as follows: - Hanafis: They are treated according to the most detrimental scenario alone. - Shafi'is: The hermaphrodite and those with them are treated according to the most detrimental scenario. - Malikis: They are given half the shares of a male and a female if they inherit with both, and the shares are unequal, or half of their share if they inherit with only one of them. - Hanbalis: If their condition is expected to become clear, they and those with them are treated according to the most detrimental scenario, and the remainder is withheld. If their condition is not expected to become clear, they inherit half the inheritance of a male and half the inheritance of a female if they inherit with both, and the shares are unequal, or half the inheritance of a male or a female, depending on the case.
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- Original fatwa ID
- 56824
- Imported
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