How is inheritance distributed between a hermaphrodite child (walad khuntha) and a paternal uncle (ʿamm) if the hermaphrodite is treated as having two states (male/female)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the scenario involves a hermaphrodite child and a paternal uncle, and considering two states (male/female) for the hermaphrodite, the division is based on four shares. The hermaphrodite child receives three-quarters of the wealth, and the paternal uncle receives one-quarter. This calculation stems from treating the situation such that if the child were male, the uncle inherits nothing, and if female, the child receives half while the uncle takes the remainder.
Supporting text
The method that calculates inheritance based on all possible states (ahwal) introduces two additional states: one where the child alone is male, and another where the uncle alone inherits. In the calculation based on eight states, the child receives the full estate in two states and half the estate in two states, thus receiving three-quarters of the total. The son of the brother (walad al-akh) receives half the estate in one state, resulting in one-eighth, and the uncle receives an equivalent share. This latter distribution is considered more equitable.