I said to Abu 'Abd Allah: The hadith of 'Abd Allah ibn 'Amr, from the Prophet (may Allah bless him and grant him peace): "Any woman who touches her private part, let her perform wudu'." He smiled and said: This is the hadith of al-Zubaydi (20), and his hadith (21) is not sound. And because the famous hadith is regarding touching the penis, and a woman touching her private part is not in its meaning because it does not invite the emission of discharge, so it does not invalidate wudu'.
Section: As for touching the private part of an intersex person (khuntha mushkil), it must be that the touch is either from them or from another. If the touch is from them, and they touched one of their two private parts, their wudu' is not invalidated, because it is possible that what was touched is an extra organ. If they touched both of them, and we say: A woman touching her private part does not invalidate her wudu', then their wudu' is not invalidated (22); because it is possible that they are a woman who touched her private part, or it is an extra organ. And if we say: It does invalidate, then their wudu' is invalidated; because necessarily one of them must be a private part. If the one touching is a man and he touched the penis without desire, his wudu' is not invalidated. If he touched it with desire, his wudu' is invalidated according to the apparent [view] of the madhhab; for if he is a male, he has touched it, and if he is a female, he has touched her with desire. If he touched the front private part of a woman, his wudu' is not invalidated; because it is possible that it is an extra organ on a man. If he touched both of them with desire, his wudu' is invalidated for what we mentioned regarding the penis. If it was without desire, his wudu' is invalidated according to the apparent view; because it cannot be other than that he touched a man's penis or a woman's private part. If the one touching is a woman, and she touched one of them without desire, her wudu' is not invalidated. If she touched the penis with desire, her wudu' is not invalidated; because it is possible that it is an extra organ on a woman. If she touched a woman's private part with desire, it is built upon the woman touching a man with desire; for if we say it invalidates, her wudu' is invalidated here for that reason; otherwise, it is not invalidated. If she touched both of them without desire, and we say that a woman touching her private part invalidates wudu', her wudu' is invalidated here, otherwise it is not. And if the one touching is an intersex person (khuntha mushkil), it is not invalidated.
(20) Meaning Abu al-Hudhayl Muhammad ibn al-Walid ibn 'Amir al-Zubaydi al-Himsi al-Qadi, who was trustworthy (thiqah), and died in the year 147 AH. Tahdhib al-Tahdhib 9/502, 503. (21) In [M]: "his isnad". His reliability was mentioned previously, and perhaps Imam Ahmad meant this very hadith of his. (22) In [M]: "her wudu'".