The matter is suspended until he reaches puberty, at which point the signs of men (5) become apparent in him, such as the growth of a beard, the emission of semen from his penis, and its being the semen of a man; or the signs of women, such as menstruation, pregnancy, and the rounding of the breasts. Ahmad stipulated this in the narration of al-Maymuni. It is narrated from Ali and al-Hasan that they said: His ribs are counted, for a woman's ribs are one more than a man's. Ibn al-Labban said: If this were authentic, his condition would not be ambiguous, and there would be no need to consider the place of urination. Jabir ibn Zayd said: He is stood beside a wall; if he urinates upon it, he is a man, and if he urinates between his thighs, he is a woman. There is no reliance on this, and the correct view is what we have mentioned, if Allah Almighty wills, which is that his status is suspended as long as he is a child. If there is a need to distribute the inheritance, he and those with him are given what is certain, and the remainder is suspended until he reaches puberty. The issue is then calculated on the basis that he is a male, and then on the basis that he is a female, and each heir is given the lesser of the two portions, with the remainder being suspended until he reaches puberty. If he dies before reaching puberty, or reaches it while still ambiguous—with no sign having appeared in him—he inherits half the share of a male and half the share of a female. Ahmad stipulated this, and this is the view of Ibn Abbas, al-Sha'bi, Ibn Abi Layla, the people of Medina and Mecca, al-Thawri, al-Lu'lu'i, Sharik, al-Hasan ibn Salih, Abu Yusuf, Yahya ibn Adam, Dirar ibn Surad, and Nu'aym ibn Hammad. Abu Hanifa held that he inherits based on his worst-case scenario, and he gave the remainder to the rest of the heirs. Al-Shafi'i and those with him gave him what is certain and suspended the remainder until the matter becomes clear or they reach a settlement. Abu Thawr, Dawud, and Ibn Jarir also held this view. Some of the people of Basra held that he inherits based on the claim for what remains after the certain portion, while others held that he inherits based on the claim for the entirety of the wealth. There are other singular opinions besides these. Our position is the statement of Ibn Abbas, and we know of no one among the Companions who disputed it. Furthermore, because both of his potential states are equal, equality between their two rulings is necessary, just as if two people claimed a house that was in their possession and neither had evidence. Inheriting him based on his worst-case scenario is not more appropriate than inheriting those with him on that basis; thus, singling him out for this is an arbitrary assertion for which there is no evidence, and there is no way to suspend [the whole inheritance] because there is no [definitive] time to wait for, and it involves the waste of wealth despite the certainty of their entitlement to it.

Section: Those who hold that he inherits half the share of a male and half the share of a female differed regarding the method of their inheritance.