regarding their inheritance. Most of them held that they should be treated as males in one instance and as females in another. The issue is calculated once on this basis and once on the other, then one is multiplied by the other if they are coprime, or by their greatest common divisor if they are composite, and you suffice with one of them if they are identical, or by the larger of them if they are proportional. You multiply both by two, then combine the shares for each of them if they are identical, or multiply the share of each of them by the other if they are coprime, or by their greatest common divisor if they are composite, and then hand it over to him. This is called the 'Doctrine of the Apportioners' (madhhab al-munazzilin), and it is the choice of our school. Al-Thawri and al-Lu'lu'i, regarding the child if there is a hermaphrodite among them, held that the female should be given two shares, the hermaphrodite three, and the male four. This is because we assign to the female the lowest number that has a half, which is two; for the male, double that, which is four; and for the hermaphrodite, half of them both, which is three; thus, he possesses half the inheritance of a male and half the inheritance of a female. This is an acceptable view. This view agrees with the previous one in some instances and disagrees in others. An illustration of their difference is that if we hypothesize a son, a daughter, and a hermaphrodite child, the issue under this view would be out of nine, with the hermaphrodite receiving one-third, which is three. According to the first view, the issue of masculinity is out of five, and femininity out of four; you multiply one by the other, resulting in twenty, then by two, becoming forty. The daughter has one share in five and one in four, totaling nine; the male has eighteen; the hermaphrodite has one share in five and two shares in four, totaling thirteen, which is less than one-third of forty. The opinion of those who grant him inheritance based on the claim for what remains after the certain portion agrees with the 'Apportioners' in most instances. He says in this issue: The male has two-fifths by certainty, which is sixteen out of forty, while he claims half, twenty. The daughter has one-fifth by certainty, while she claims one-fourth. The hermaphrodite has one-fourth by certainty, while he claims two-fifths, sixteen. The disputed portion is six shares, all of which the hermaphrodite claims, so you give him half of them, three, along with the ten he already has, making it thirteen. The son claims four, so you give him half of that, two shares, making it eighteen. The daughter claims two shares, so you give her one, making it nine. Some people have granted him inheritance based on the claim of the total wealth; according to their view, the inheritance in this issue is out of twenty-three, because the claim here is a half, a quarter, and two-fifths, and its common denominator is twenty; the son is given half, ten; the daughter five; and the hermaphrodite eight, totaling twenty-three.
(6) In MS M: "wafqiha". (7) In the original and MS M: there is an additional "min".