Is ritual bathing (ghusl) required after penetration involving an ambiguous hermaphrodite (khuntha mushkal)?
Chapter on What Necessitates Ghusl
Al-Mughni
Book of Purification
Primary text
No ritual bathing is required for either party if penetration occurs into the vulva of an ambiguous hermaphrodite, or if the ambiguous hermaphrodite inserts its penis into a vulva, or if one penetrates the other in the vulva. This is because it is possible that the perceived organ is an extra formation. However, ritual bathing becomes obligatory upon the one who experiences ejaculation, whether the penetrator or the penetrated party through their vulva. The one who ejaculates from their penis is judged to have the status of a male, and the one who ejaculates from their vulva is judged to have the status of a female, based on what God has established as customary for males and females.
Supporting text
The ruling that ejaculation from the penis establishes male status, or menstruation from the vulva establishes female status, is based on the principle that ejaculation due to desire necessitates ritual bathing, supported by the saying of the Prophet (peace be upon him): "Water (necessitates ghusl) from water (semen)". This is also established by analogy to those whose male or female status has already been confirmed.