How is inheritance distributed when the Khuntha (intersex individual) inherits in one situation but not another?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

When the Khuntha inherits in one scenario but not another, such as the case involving a husband, a sister, and a paternal half-brother who is a Khuntha, the opinion of Al-Thawri dictates that the Khuntha receives half of what they would inherit in the scenario where they do inherit. This half share is then combined with the shares of the other heirs. If the original distribution results in six total shares, these are converted into halves, yielding thirteen units. The Khuntha receives one unit, and the remainder is divided equally between the husband and the sister. Abu Al-Khattab applied this methodology in his book "Al-Hidayah." In a related calculation (Tanzil), the total becomes twenty-eight shares, where the Khuntha receives two shares (half of a seventh), and the husband and sister each receive thirteen.