What is the ruling on the ritual oath for an ambiguous hermaphrodite (Khuntha Mushkal)?
Chapter on Qasamah (Oaths regarding murder)
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The ambiguous hermaphrodite may be made to swear the Qasamah because the cause for the oath exists in their case—they are entitled to the blood money—and the impediment to their swearing has not been established. This is one potential ruling.
Supporting text
Alternatively, there may be no Qasamah imposed upon the ambiguous hermaphrodite because they lack proven intellectual capacity (*'aql*) and their testimony does not establish killing, making them similar to a woman.