What is the ruling on the paternity of a child born to a man who has had both his penis and testicles removed?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The lineage is not attributed to a man who has had both his penis and testicles removed, according to the general opinion of scholars, because ejaculation and penetration are impossible for him. Likewise, if only the testicles are removed while the penis remains, the lineage is not attributed because the fluid from which the child is formed is not discharged.
Supporting text
The companions of our school (Ashaabuna) hold that the lineage is attributed in the latter case (penis intact, testicles removed) because penetration is conceivable, and a thin fluid might be discharged. However, the ruling is that since this typically does not create offspring, and the necessary fluid was not produced, it is treated like the case where the penis is removed entirely. Attribution is established if only the penis is removed, because masturbation (Musahaqah) might lead to the discharge of semen that creates a child. Scholars of Al-Shafi'i have a difference of opinion on this secondary case mirroring our own difference.