it is permissible for him to marry until his situation becomes clear. This was mentioned as an explicit statement from Ahmad in the narration of al-Maymuni. This which Abu Ishaq mentioned is the doctrine of al-Shafi'i; this is because it has not been verified that there exists that which makes marriage permissible for him. Thus, it is not permitted for him, just as if his sister were indistinguishable from [a group of] women to him, and as if he had not said 'I am a man' or 'I am a woman'. Furthermore, his word is not referred back to in any of his rulings regarding inheritance, blood money, and other matters; therefore, it is the same regarding his marriage. And because he does not know himself [any better] than others know him, and because what is permissible has become confused with what is forbidden in his case, so it is prohibited, as we have mentioned.

1196 - Issue: He said: (And if a man or a woman is afflicted, after [attaining] freedom and puberty, with a valid marriage, and neither of them is devoid of reason, they shall be stoned if they commit adultery. The free Muslim and the free disbeliever are the same regarding what I have described.)

Al-Khiraqi, may Allah have mercy on him, mentioned in this chapter the conditions of 'ihsan' (state of having been married validly). We shall postpone this to [the chapter of] the Penalties (Hudud), as it is more specific to it. And Allah the Exalted knows best.