Is it obligatory for an ambiguous hermaphrodite (Khuntha Mushkil) to avoid sewn garments (al-mikhayyat)?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
It is not obligatory for the ambiguous hermaphrodite to avoid sewn garments because the certainty of masculinity, which necessitates avoidance, cannot be established. The default assumption is the absence of obligation, and obligation is not established merely through doubt.
Supporting text
Ibn al-Mubarak stated that the ambiguous hermaphrodite must cover his head and render expiation (kaffarah). However, the correct view is that expiation is not obligatory because the default is its absence, and it is not imposed based on doubt.