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 by 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: Mawlana Suhail Motala

Approved by: Mawlana Muhammad Abasoomar

Checked by: Mawlana Haroon Abasoomar