o r ambiguous.
counted a male, or if from the female member, a female -becaufe it
is fo recorded in the traditions, and likewife reported from Alee ; and
alfo, becaufe the circumftance of the urine being difcharged from
either member in particular, denotes that member to be the original,
and the other merely a defedb. If, on the contrary, the perfon dif-
charge the urine from both members, regard is paid to that from
which it fir ft proceeds, as this denotes that member to be the-original.
If, on thé other hand, the perfon difcharge his urine from both
members equally (that is, at one and the fame time) he is a Khoonfa-
moojh'kil, or equivocal hermaphrodite, according to Haneefa ;—-nor is
any regard paid to the fuperior or inferior quantity of the urine in this
inftanCe, becaufe a fuperiority of difcharge from either member does
not denote that member to be the primary, fince this circumftance
arifes merely from the urinary paflage in the one being wider than in
the other. T h e two difciples maintain that regard muft in this cafe
be paid to the comparative quantity of urine ; and confequently, that
the fex is determined according to the member from which the greateft
quantity proceeds; becaufe this denotes that member to be the fuperior
and original; and alfo, becaufe the greater quantity is, in effedt
of law, the whole. From whichever member, therefore, the principal
quantity of urine is difcharged, that member is accounted the
fuperior. If, however, the urine proceed from both paflages alike,
(that is, at the fame time, and in equal quantity,) the perfon is accounted
an equivocal hermaphrodite, - according to all our dodtors, as
in this cafe neither member pofieffes any fuperiority over the other.—
What is here advanced applies folely to hermaphrodites not yet arrived
at the age of maturity;— for upon an hermaphrodite attaining to maturity,
if his beard grow,- of he have'connexion with a woman, or
nodturnal emiflions, or his breafts appear‘as thofe of a man, he is accounted
a male, thofe being indifputable tokens of manhood ;— but if
the breafts fwell like thofe of a woman, or the menftrual difcharge
appear, or pregnancy, or. carnal connexion with a man, theherma-.
phrodite is accounted a female, fuch being the tokens of womanhood.
If,
If, on the contrary, no diftinguiftiing tokens of either fex appear, or
the tokens of both, (fuch as a beard, with the breafts of a woman,)
the perfon is an equivocal hermaphrodite.
S E C T . II.
O f the Laws refpeEling equivocal H e r m a p h r o d i t e s .
I t is a rule, with refpedb to equivocal hermaphrodites, that they An equivocal
are required to obferve all the more comprehenjive points of the fpiritual “™ aPhra"
law, but not thofe concerning the propriety o f which [in regard to
them] any doubt exifts.
A n equivocal hermaphrodite, in Handing behind the Imam for the mm
purpofe of prayer, muft take his ftation immediately after the men V
and before the women, as it is poflible that he may be a man, ^and it ers<
is alfo poflible that he may be a woman. If, therefore, he chance to the
ftand among the women, he muft recite the prayers repeatedly, for
.as it is poflible he may be a man they would otherwife be nugatory.
If, on the contrary, he Hand among the men, his prayers. are valid ;
but the men who are next to him . are to recite their prayers repeatedly,
out of caution, a sit is poflible that he may be a female.
lie pray-
between
men and
I t is laudable in an equivocal hermaphrodite to coyer his head, obferving (m
aurino- prayer, with the ikirt of-his garment, and alio to fit in the
° r J 7 _ ° i. Jpects) the
poflure of women ; for i f he be a man, this is merely a deviation from cuftoms of
cuftom, which does not imply any pofitive illegality; but i f he be a women’
V ol. IV. female,