He has another question, asking: If one of the heirs is a hermaphrodite, is he given the share of a male or the share of a female?
Machine translationRead the Arabic original
The questioner : He has another question, asking: If one of the heirs is a hermaphrodite, is he given the share of a male or the share of a female?
The Shaykh : If the heir is one whose inheritance does not differ based on being male or female, he is given the share of a male or a female, because it does not differ.
The questioner : Yes.
The Shaykh : Like a full brother, if he is a hermaphrodite, his share is one-sixth, whether he is male or female. And if a person dies leaving a daughter and a full brother who is a hermaphrodite, the daughter gets half, and the hermaphrodite gets the remainder, whether he is male or female. But if his inheritance differs based on being male or female, he is given half the inheritance of a male and half the inheritance of a female. For example, if a person dies leaving a male son and a hermaphrodite son, the hermaphrodite is given half the inheritance of a female and half the inheritance of a male.
The questioner : Yes.
The Shaykh : Yes.
The questioner : So, does he take a share greater than the female's share and less than the male's share?
The Shaykh : Greater than the female's share and less than the male's share.
The questioner : So that he takes, for example...
The Shaykh : Half of it.
The questioner : The share...
The Shaykh : Half of what is between them.
The questioner : A female and half...
The Shaykh : The inheritance of a male.
The questioner : The inheritance of a male.
The Shaykh : So in the example we gave as an example.
The questioner : Yes.
The Shaykh : A male son and a hermaphrodite son: if he were male, he would get half and the son would get half; if he were female, he would get one-third and the son would get two-thirds.
The questioner : Yes.
The Shaykh : So he is given what is between half and one-third.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : If the heir is one whose inheritance does not differ based on being male or female, he is given the share of a male or a female, because it does not differ.
The questioner : Yes.
The Shaykh : Like a full brother, if he is a hermaphrodite, his share is one-sixth, whether he is male or female. And if a person dies leaving a daughter and a full brother who is a hermaphrodite, the daughter gets half, and the hermaphrodite gets the remainder, whether he is male or female. But if his inheritance differs based on being male or female, he is given half the inheritance of a male and half the inheritance of a female. For example, if a person dies leaving a male son and a hermaphrodite son, the hermaphrodite is given half the inheritance of a female and half the inheritance of a male.
The questioner : Yes.
The Shaykh : Yes.
The questioner : So, does he take a share greater than the female's share and less than the male's share?
The Shaykh : Greater than the female's share and less than the male's share.
The questioner : So that he takes, for example...
The Shaykh : Half of it.
The questioner : The share...
The Shaykh : Half of what is between them.
The questioner : A female and half...
The Shaykh : The inheritance of a male.
The questioner : The inheritance of a male.
The Shaykh : So in the example we gave as an example.
The questioner : Yes.
The Shaykh : A male son and a hermaphrodite son: if he were male, he would get half and the son would get half; if he were female, he would get one-third and the son would get two-thirds.
The questioner : Yes.
The Shaykh : So he is given what is between half and one-third.
The questioner : Yes.
The Shaykh : Yes.