invalidates ablution. Thus, his ablution is invalidated in either case.
But if a man touches the vulva of an indeterminate intersex person, his ablution is not invalidated, even if it is with desire. For if the intersex person is male, then he has touched him with desire, and a man touching another man with desire does not invalidate ablution. If the person is female, then he has touched her vulva; but we do not know at present that the person is female—rather, there is doubt—and so the original state of ablution remains, and it is not invalidated.
If a woman touches the vulva of an indeterminate intersex person with desire, however, her ablution is invalidated.
For example, a non-intersex woman is with an intersex person and touches that person’s vulva with desire; her ablution is invalidated.
The reason is that, if the intersex person is male, she has touched him with desire, and a woman touching a man with desire invalidates ablution. If the person is female, she has touched her vulva, and touching a woman’s vulva invalidates ablution. Thus, her ablution is invalidated in either case.
The cases may be summarized as follows:
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Touching one of the two genital organs of an indeterminate intersex person without desire does not invalidate ablution in any case, whether the one touching is male or female.
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Touching both of them invalidates ablution in every case.
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Touching one of the two genital organs of an indeterminate intersex person with desire has four cases:
There are two cases in which ablution is invalidated:
- A male touching its penis.