—may Allah have mercy on him—in al-Mughni that he had been told that there were three persons in Syria:
The first had an opening between the outlets for urine and feces, from which both urine and feces emerged. He had no anus, no genital opening, and no penis.
The second had neither a genital opening nor a penis, but had a swelling from which urine trickled.
The third had nothing at all below; he would eat food, and after it remained within him for as long as Allah willed, he would vomit it. This vomiting served in place of feces and urine. Regarding such people, we say that they are to be treated as indeterminate intersex persons in matters of inheritance.
In any case, both the vaginal and anal openings must be original, excluding non-original openings, such as the genital opening of an intersex person or an anal opening situated elsewhere than its proper location.
His statement, “purely unlawful,” will be discussed, Allah willing, under the second condition: the absence of any legal doubt.
His statement, “involving a human being,” means that this vaginal or anal opening must belong to a human being. If it belongs to something other than a human being, the prescribed punishment for fornication or adultery is not obligatory, though the offender must be disciplined in whatever manner the ruler considers appropriate. Thus, if a person penetrates an animal, he is to be disciplined, and the animal is to be killed; its carcass is unlawful to consume. If the animal belongs to him, he loses it; but if it belongs to someone else, he must compensate its owner.
It has also been said that whoever has intercourse with an animal is to be killed, based on a hadith to that effect, in which the Prophet, peace and blessings be upon him, said: “Whomever you find having intercourse with an animal, kill him and kill the animal.” (1) This is general in wording. Some scholars adopted it and said that