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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 114Section

Translation · EN

states, he makes it out of twelve, and assigns the son's child half of a sixth, and the uncle his sixth; this is the most equitable of the two paths, because the other path involves disinheriting the son's child despite the fact that the probability of his inheritance is equal to the probability of the uncle's inheritance. You act in this manner for three or more. This amount is sufficient for this chapter, as it is rare and seldom needed; the assembly of two or more hermaphrodites is the rarest of the rare and its occurrence has not been heard of, so there is no need to dwell upon it.

Section: We have found in our era something similar to this, which the scholars of inheritance (fara'idi) have not mentioned and have not heard of. We found two individuals who have no outlet in their front, neither a penis nor a vagina. As for one of them, they mentioned that he has nothing in his front except a protruding piece of flesh like a hillock, from which urine continuously oozes. He sent to us asking about his ruling regarding prayer and avoiding impurity in this year, which is the year six hundred and ten. The second is an individual who has only one outlet between the two exits, from which he defecates and urinates. I asked the person who informed me about him regarding his attire, and he informed me that he only wears women's clothing, mingles with them, spins with them, and considers himself a woman. I was told that in some lands of the non-Arabs ('Ajam), there is a person who has no outlet at all, neither front nor back, and he only vomits what he eats [and what he drinks]. This and its likes are in the meaning of the hermaphrodite, except that it is not possible to judge it by his urination. If he has no other sign, he is 'mushkil' (problematic); he should be given the ruling of the problematic hermaphrodite regarding his inheritance and all his rulings. And Allah the Almighty knows best.

1039 - Issue: He said: (The son of the woman who underwent li'an, his mother inherits from him, and her agnates; if he leaves a mother and a maternal uncle, his mother has a third, and what remains is for the uncle.)

The summary of it is that if a man performs li'an with his wife, disavows her child, and the ruler separates them; he is disavowed.

Notes

(8) In MS M: there is an additional "fi". (9) In MS A: "wa-yashrabuhu".

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