564 H E R M A P H R O D I T E S . B oo k L I I I .
ill-
If a hermaphrodite die at an age bordering on maturity, (ât twelve
years of age, according to the Jama Ramooz,') the corplc is hot to
have the ceremony of ablution performed upon it, whether it be male
or female. Upon depofiting it, moreover, in the tomb or grave, it
is laudable to cover the fame with a cloth, this being indifpenfable
with relpedt to women, although not with refpeft -to men.
W h e n there, is occafion to repeat the funeral prayers over a 'man,
a woman, and a hermaphrodite, at the fame time» the,.hier'of the
.man muft be placed next the Imam, that of the hermaphrodite next,
and beyond all the bier of the woman.
W h e r e ! there, is any reafon for interring a ' hermaphrodite in the
fame tomb [or grave] with a man, the former mull bedegofited after
the latter, as it is poffible that he may be a female ; and a partition of
earth muft alfp.be conftrufted between them. If, on the other hand,
a hermaphrodite be interred in the' fame tomb [or grave] vyith â woman),
he muft be' depofitedfirft» as it [is poffible that he may; be a
man.
I t is laudable to ffiroud the body of a hermaphrodite in' the fame
manner as that of a woman, by wrapping it in five cloths; for, i f it
' be a female, fuch is the ordained pra&ice, with refpedt to women ; and
if it be a male, this is merely, an excéfs o f two cloths, which is a
matter of no moment.
Rules of!»- I f a man die, leaving two children, one a hermaphrodite, and the
withTefpea other a fon, in that cafe, -according to Haneefa, the.whole inheritance
to henna- is divided between them in three,ffiares, two going to the fo i l , apd
phrodi.es. ong tQ hermaphrodite; becaufe he holds a hermaphrodite to be
iubied to the law of a woman, unlefs his condition be afcertained to
be
B o o k LUI, H E R M A P H R O D I T E S . 565
be otherwife. Shobbàia, on the contrary, maintains that in this cafe
the hermaphrodite is to receive half the fhare of a male heir, and half
the fhare of a female,-^by firft calculating the amount ofi.his fhare,
fuppofing him to be a male, and then the fame fuppofiug him to be a
female, and adding; the two together, and paying him a moiety of the
added fums. Mohammed and Aboo Toofaf fubfcribg ; to this opinion,
T he y, however, differ in their expofition of it ; for Mohammed holds
that the'whole inhbritance.js to be divided into twelve parts, feven of
which go to the fon, and five to the hermaphrodite;— whereas Aboo
Toofaf alleges that it is to be divided into feven parts, .four; of which go
to the fon, and three, to the hermaphrodite. The argumentpf Abpo
Toofaf is that the fon, if he ftood alone, would be entitled to the
whole inheritance ; and the hermaphrodite, if he flood a(one, would
b ç3entitled to ' three-fourths ,o f the inheritance,— he being .entitled
(when Handing alone) to an half, if accounted, a male, .or to the
whole, i f accounted a female ; for the whole property çonfifts of four
quarters,; the half o f whiph; js two quarters,-r-and thefe» being added
together,- make fix quarters», the half of. whidi i$; three. Where.,
therefore, thofe two unite in one inheritance, the eftate is divided
between them according to their refpedive proportions of right ;
and as the] right of the fon is to fou r fourths, and that of the hermaphrodite
to three fourths, the former gets in the proportion of
four, and the latter in the proportion of three and accordingly,
the whole inheritance is divided into feven parts, four of which go
to the fon, and three to the hermaphrodite. T h e argument..-of
Mohammed, is: that, fuppofing the hermaphrodite to be a male, the
inheritance would be divided between him and the fon in equal
fhares ; of fuppofing him (on the other hand) to be a female,
it would be divided between them in three lots. W e muft therefore
have recourfe to the fmalleft number which‘ admits o f divi-
fion by two and by three ; and as this' number is fix, it follows that
on the former fuppolitjon the inheritance is to be divided equally
between
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