His question regarding the division of inheritance states that the division is carried out according to the guidance of the Noble Qur'an and the pure Prophetic Sunnah, and the male has a share equal to that of two females.
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The questioner : His question regarding the division of inheritance states that the division is carried out according to the guidance of the Noble Qur'an and the pure Prophetic Sunnah, and the male has a share equal to that of two females. But how is it to be handled if among the heirs is a person of the third sex, namely a hermaphrodite, whose gender is unknown, whether male or female?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. If this hermaphrodite is among the heirs for whom the share is the same whether male or female, the matter is clear, such as siblings on the mother's side, where the male and female are equal. In this case, there is no difficulty in this issue. However, if this hermaphrodite is of a type where the inheritance differs between males and females, then if it is hoped that the gender will become clear, each heir is given the certain amount if they request the division, and the remainder is held back until the status of this hermaphrodite is examined. If it is not hoped that the gender will become clear, then he is given half of a male's inheritance and half of a female's inheritance, because the ruling revolves with its cause, in existence and in absence. Just as this person has an aspect of femininity and an aspect of masculinity, he is given half of this and half of that.
The questioner : Yes.
The Shaykh : As for how it is divided, this is a known matter among the scholars. Yes.
The questioner : May Allah bless you.
This female questioner, H. A. from the new area of Sudan, sent two questions. In her first question, she says...
The Shaykh : And by "how it is divided," we mean the method of operation, the process of division.
The questioner : Yes.
The Shaykh : As for how it is divided, we have explained that he is given half of a male's inheritance and half of a female's inheritance.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Her question.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. If this hermaphrodite is among the heirs for whom the share is the same whether male or female, the matter is clear, such as siblings on the mother's side, where the male and female are equal. In this case, there is no difficulty in this issue. However, if this hermaphrodite is of a type where the inheritance differs between males and females, then if it is hoped that the gender will become clear, each heir is given the certain amount if they request the division, and the remainder is held back until the status of this hermaphrodite is examined. If it is not hoped that the gender will become clear, then he is given half of a male's inheritance and half of a female's inheritance, because the ruling revolves with its cause, in existence and in absence. Just as this person has an aspect of femininity and an aspect of masculinity, he is given half of this and half of that.
The questioner : Yes.
The Shaykh : As for how it is divided, this is a known matter among the scholars. Yes.
The questioner : May Allah bless you.
This female questioner, H. A. from the new area of Sudan, sent two questions. In her first question, she says...
The Shaykh : And by "how it is divided," we mean the method of operation, the process of division.
The questioner : Yes.
The Shaykh : As for how it is divided, we have explained that he is given half of a male's inheritance and half of a female's inheritance.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Her question.