Theory of Mind

It used to be thought that only humans have what is called theory of mind. But it turns out human aren't the only creatures with theory of mind, at least to some degree. If you're aware that others have intellects different than yours, wll that's a good sign you've got an intellect. It then seems to me entirely arbitrary to insist that an intellect must have some particular degree of smarts in order to qualify as being a rational soul. Reason isn't bionary. It's not a you have it or you don't, quality. It comes in degrees. And so i don't see evidence from the reason perspective that we must say animal souls are ours in