What is the ruling on touching the private parts of an intersex individual (Khuntha Mushkil)?
Chapter on What Nullifies Purification
Al-Mughni
Book of Purification
Primary text
If the intersex individual touches one of their own private parts, Wudu is not nullified because the touched part might be an extraneous creation. If the intersex individual touches both parts and the view held is that a woman touching her private part does not nullify Wudu, then Wudu remains valid. If it is held that touching a woman's private part does nullify Wudu, then the intersex individual's Wudu is nullified, as one of the parts must be a true private part. If a man touches the male organ of the intersex individual without desire, Wudu is not nullified. If he touches it with desire, Wudu is nullified in the apparent view of the Madhhab because either he touched a male organ or a woman's private part with desire. If a man touches the vagina of the intersex person without desire, Wudu is nullified because it must be either a man's organ or a woman's private part. If he touches both with desire, Wudu is nullified for the same reason established for the male organ.
Supporting text
If a man touches the private part of an intersex person without desire, Wudu is nullified in the apparent view because it must be either a man's organ or a woman's private part. If a woman touches one of the parts without desire, her Wudu is not nullified. If she touches the male organ with desire, her Wudu is not nullified because it might be an extraneous feature of a woman. If she touches the woman's private part with desire, the ruling depends on whether touching a man's private part by a woman nullifies Wudu. If the intersex person touches both without desire, Wudu is nullified if touching a woman's private part nullifies Wudu. If the person touching is an intersex individual, Wudu is not nullified unless both private parts are touched simultaneously. If one intersex individual touches the male organ of the other, and the second touches the first's private part, and the touching by both was intentional or unintentional, Wudu is not nullified for either, as certainty of purity remains, and impurity is doubtful. This is because it is possible they are both women (so the male organ toucher is touching an appendage) or both men (so the private part toucher is touching an appendage).