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].
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
Checked by: Moulana Haroon Abasoomar