and your female slaves [ima'ikum]} [Surah An-Nur: 32]. That which is conjoined is ostensibly distinct from that to which it is conjoined. And because it is likewise in custom, for the absolute term 'slave' (abd) is not understood to mean anything other than the male. If he appointed him as an agent to buy a slave, he would not have the right to buy a female slave, so his bequest only refers to the male. If he bequeaths to him a female slave (ama or jariya), he gets nothing but a female, and he may not give him an intersex person (khuntha mushkil), because it is not known whether they are male or female. If he bequeaths to him one of his slaves or one of those his right hand possesses, the male, female, and intersex person are included in his bequest.

Section: If he bequeaths a sheep from his flock, the ruling regarding it is the same as the ruling regarding a bequest of a slave from among his slaves. This term applies to both sheep (da'n) and goats (ma'z). Our companions said: It encompasses the small, the large, the male, and the female, because 'sheep' (sha'ah) is a name that encompasses all of that, evidenced by the saying of the Prophet (peace and blessings of Allah be upon him): "In forty sheep, there is one sheep," intending males and females, young and old. In my opinion, it does not encompass anything except a large female, unless he is in a land where their custom encompasses [the others]. As for those whose custom does not encompass anything but females, his bequest does not encompass anything except what is named in their custom, because the apparent state of his intent is what they are accustomed to. If he bequeaths a ram (kabsh), it does not encompass anything except a large male sheep. A he-goat (tays) applies only to a large male goat. If he bequeaths ten from his flock, it encompasses ten males, females, young, and old.

Section: If he bequeaths a camel (jamal), it is only for a male. If he bequeaths a she-camel (naqah), it is only for a female. If he says: 'ten from the camels' (ibl), it applies to both male and female. It is possible that if he says 'asharah' (ten with the ta marbuta), it is for males, and if he says 'ashr' (ten without it), it is for females; the same applies to the flock (ghanam), because the number in the tens up to three for the masculine uses the ta, and for the feminine it does not. Allah the Almighty says: {He subjected them...}