Spoils entitlement for an ambiguous hermaphrodite (khuntha mushkal)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 16 · Bab 1

Open in Qurani

Primary text

The ambiguous hermaphrodite is given a consolation gift (radkh) because it is not confirmed that he is a male eligible for a full share, and he is not obligated for jihad, akin to a woman.

Supporting text

Another possibility is that he receives half a share and half a consolation gift, similar to inheritance division. If his condition is revealed later to be male, he receives the full share of a man, even if this is determined after the war's conclusion or spoils division, as it becomes evident he was shortchanged.