What is the ruling regarding retaliation (Qisas) if the male organ or testicles/labia of an ambiguous hermaphrodite (Khuntha Mushkil) are severed?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 1 · Bab 2

Open in Qurani

Primary text

Retaliation (Qisas) is not immediately permissible if the severed part belongs to an ambiguous hermaphrodite (Khuntha Mushkil). The matter must be suspended until the true sex is determined, because it is uncertain whether the severed part constitutes an original primary organ. If the injured party opts for blood money (Diyah) and there is hope for their condition to become clear, they are given the certain value, which constitutes a determination of compensation (hukuma) for the severed part.