562 h e r m a p h r o d i t e s . B o o k LUI.
female^ his neglecting fo to do would induce an abomination, it being
indifpenfabfy incumbent on women to be covered upon that occasion.
It is alfo laudable m him, if he be without a garment, to îecite the
prayers repeatedly ; but flill the prayers are lawful although he fhould
negleCt fo to do. It is, moreover, abominable in him to wear filk or
jewels.
He mull not I t is abominable in an equivocal hermaphrodite to appear naked
beforemanor before either man or woman, or to be in retirement with either man
woman, or qj- \yoman except his prohibited relations. In the lame manner, it is
With either! abominable in him to journey in company with a man other than his
prohibited relation,— or with a woman notwithftanding foe be a pro-
he mu’ft be hibited relation, as it is not lawful for two women to travel together,
b y ^ ’ flave although they be relations. It is alfo abominable that he be circum-
thatCpurpdofc.r cifed by either a man or a woman ; and therefore, to perform this
ceremony, a female flave mud be purchafed at his expence;—or, if
he be deftitute of property, the price of fuch flave mud be advanced
to him, by way of loan, from the public treafury, with which he
may purchafe her for the purpofe of circumcifing him ; and having fo
done, {he is to be fold, and her price paid into the treafury,- as he has
then no farther occafion for her.
Mes to be Ir an equivocal hermaphrodite undertake a pilgrimage during his
Wmduri^a adolefcence, (that is, when nearly arrived at maturity,) Aboo Yoofaf
pilgrimage, declares he is uncertain which mode of drefs is mod proper for him to
adopt ; for if he be a male, his wearing à feamed garment is abominable
; and if he be a female, it is abominable to wear" any thing elfe.
Mohammed, however, fays that he ought to wear a feamed garment,
in the fame manner as women ; becaufe it is flill more abominable for
a woman to negledt this during pilgrimage than for a man to
wear it.
If
If a man fufpend the emancipation of his flave, or the divorce of
his wife, upon the circumftance o f her producing “ a male child,
and foe be delivered of an hermaphrodite child, the divorce or emancipation
do not take place until the fex or condition of the child be fully
afeertained, fince the perfon cannot incur the penalty, in this inftance,
becaufe of the doubt.
If a man declare, “ all my male Haves are free,” or, “ all my
“ female flaves are free,” — and he be poffeffed of an hermaphrodite
flave, this flave is not emancipated until his real condition be afeertained,
fince here the ’matter cannot be forfworn, becaufe of the doubt.
I f on the contrary, he. thus mention his male and female flaves together,
the hermaphrodite is in that cafe emancipated, fince one or
other description applies to him indifputably, as he muft be either a
male or female.
If an hermaphrodite declare himfelf to be a male, or a female, and
he be of the equivocal defeription, his declaration is not credited, as
his plea is repugnant to the fuggeftion of proof. But i f he be not of
an equivocal defeription, his declaration may be credited, he being
better acquainted with his own flate than any other perfon.
If an equivocal hermaphrodite die before his condition be afeertained,
the ceremony of ablution muft not be performed upon his
body by either man or woman, neither of thofe being allowed to perform
it to the other. Ablution, therefore, being impracticable in
this inftance, the ceremony of teyummim [rubbing with duft or fand]
muft be fubftituted for i t a n d it is mentioned in the Jama Ramooz,
that if the teyummim be performed by any other than a prohibited relation,
the hand muft be covered with a cloth.
4 C a It
Divorce or
emancipation,
fuf-
pended upon
the circumftance
of f e x ,
are not determined,
in
relation to an
hermaphrodite,
until his fex
be afeertained.
His declaration
o f his
lex is not admitted.
Rules to be
obferved in
his interment.
:s)