What signifies the puberty of an ambiguous hermaphrodite (khuntha mushkal) based on bodily discharges?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
If semen is found exiting the penis of an ambiguous hermaphrodite, it is a sign that he has reached puberty and is a male. If menses exits from their private part, it is a sign of puberty and that she is a female. The primary proof relies on analogy: just as the exit of urine from one of the two orifices proves maleness or femaleness, the exit of semen or menses is a stronger indicator. If semen exits the male organ or menses exits the female private part, puberty must necessarily be established. Furthermore, the exit of semen from a woman or menses from a man is impossible, thus confirming the identity and consequently establishing puberty, similar to how it is established when the sex is known prior to the discharge. This is also analogous to semen exiting a male or menses exiting a female among those whose sex is already determined, and it is stronger than when both occur simultaneously, as simultaneous occurrence leads to contradiction and nullification of the evidence for gender determination.
Supporting text
The view attributed to Al-Qadi states that neither discharge alone is proof of puberty. However, if both occur, puberty is established. This is also the position of Al-Shafi'i, based on the possibility that the private part from which the discharge emerged could be an extraneous creation.