What is the ruling on kinship prohibition established by milk from an intersex person (Khuntha Mushkil)?

General Chapter

Al-Mughni

Book of Fosterage (Breastfeeding)

Book 45 · Issue 3 · Bab 1

Open in Qurani

Primary text

If milk is established for an intersex person whose gender cannot be determined, the prohibition is not established because their status as a female is not confirmed. Prohibition is not established based on mere doubt.

Supporting text

Ibn Hamid stated that the ruling is suspended until the status of the intersex person is clarified. Under his view, prohibition would be established unless it is proven the individual is male, because one cannot be certain they are not establishing a prohibited relationship.