The permissibility of entering into a contract of manumission with an intersex person whose sex is determined (khunthā ghayr mushkal).

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the intersex person's sex is determined, and he is found to be male, the heirs may enter into a contract of manumission if the master stipulated 'one of my male slaves.' If the intersex person is determined to be female, the heirs may enter into a contract if the master stipulated 'one of my female slaves.' This selection is valid because the determination of sex resolves the ambiguity, and the characteristic of being intersex, even if determined, constitutes a defect (ʿayb) which does not prevent the validity of the manumission contract.