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A Hadith regarding the inheritance of a hermaphrodite

Question

Is this Hadith reliable?

عن ابن عباس أن رسول الله صلى الله عليه وسلم سئل عن مولود ولد له قبل وذكر: من أين يورث؟ فقال النبي صلى الله عليه وسلم: يورث من حيث يبول

Rasulullah (sallallahu ‘alayhi wa sallam) was asked regarding the inheritance of a hermaphrodite, [will he receive the share of a male or female?]. Nabi (sallallahu ‘alayhi wa sallam) replied, ‘He will inherit based on which [private organ] he urinates from.’ [i.e. this is how the gender will be determined].

 

Answer

Imam Bayhaqi (rahimahullah) has recorded this Hadith. However, the chain consists of an extremely weak narrator who has been declared a fabricator according to some Muhaddithun.

(As Sunanul Kubra, vol. 6 pg. 261. Refer: Nasbur Rayah, vol. 4 pg. 417, At Talkhisul Habir, vol. 1 pg. 344 and Tanzihush Shari’ah, vol. 2 pg. 376)

 

Imam ‘Abdur Razzaq and Imam Abu Bakr ibn Abi Shaybah (rahimahumallah) have recorded this narration as the statement/ruling of Sayyiduna ‘Ali (radiyallahu ‘anhu) with an authentic chain.

(Musannaf ‘Abdur Razzaq, Hadith: 19204 and Musannaf Ibn Abi Shaybah, Hadith: 32014. refer: At Talkhisul Habir, vol. 1 pg. 344)

 

The narration in question should be quoted as the ruling of Sayyiduna ‘Ali (radiyallahu ‘anhu) and not as a Hadith of Nabi (sallallahu ‘alayhi wa sallam).

 

Note: I have merely answered your question regarding the authenticity of the Hadith in question. This should not be viewed as a Fiqh ruling. kindly refer to a Mufti/Darul Ifta for a ruling on this issue.

 

And Allah Ta’ala Knows best.

 

Answered by: Moulana Suhail Motala

 

Approved by: Moulana Muhammad Abasoomar