What is the obligation for maintenance (Nafaqah) when the responsible party is an ambiguous hermaphrodite (Khuntha Mushkil)?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 1

Open in Qurani

Primary text

The maintenance obligation upon an ambiguous hermaphrodite is determined according to the share he would inherit. If his true condition is later clarified, and it is discovered that he spent more than his required share, he shall recover the excess from his partner in the maintenance obligation. Conversely, if it is discovered that he spent less than his required share, the partner may recover the deficit from him. This principle is based on the notion that the party who overpaid did so under the assumption of obligation; upon clarification of the reality, he retains the right to reclaim what he paid beyond his due share, similar to recovering a debt believed to be due when it was not.