What is the inheritance ruling for a Khuntha (intersex person) based on urination?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The Khuntha is defined as one possessing both male and female private parts, or a perforation where urine exits. If the Khuntha urinates from the male passage, their ruling in inheritance and all other matters is that of a male. If the Khuntha urinates from the female passage, their ruling is that of a female. The consensus among scholars whose opinions we know, including Ali, Mu'awiyah, Sa'id ibn al-Musayyib, Jabir ibn Zayd, the people of Kufa, and all other scholars, is that the Khuntha inherits according to the passage from which urine exits. Evidence for this includes a report that the Prophet, peace be upon him, stated regarding a newborn possessing both male and female organs, that inheritance should be determined by the passage from which urine exits first. The exit of urine is considered the most general sign because it is present in both the young and the old, unlike signs of puberty such as beard growth, breast development, seminal emission, menstruation, or pregnancy.
Supporting text
If urine exits from both passages simultaneously, the earlier exit is considered, as stated by Ahmad and supported by the majority. If both exits occur together with no preceding one, Ahmad, in a narration from Ishaq ibn Ibrahim, stated that inheritance is determined by the passage from which the greater amount of urine exits. This view is attributed to al-Awza'i and the two companions of Abu Hanifa. Abu Hanifa himself paused on this issue. Some followers of Shafi'i did not consider the quantity in one of their two reported opinions.