Musannaf Ibn Abi Shaybah

Hazrat Ash'ath narrates that Imam Sha'bi said: If a madman commits an offense in a state of insanity, then its compensation will be obligatory upon his family members, and if he commits an offense in a state of sanity, then retribution will be taken from him.

Hazrat Hisham states that Hasan Basri said regarding the insane, the mentally overpowered, the unintelligent, and the person who has fits once or twice a month as follows: When his intellect departs, yet he fasts, prays, understands speech, and causes harm to someone, then the compensation will still be obligatory upon him.

Hazrat Yahya bin Saeed states that Hazrat Umar bin Abdul Aziz placed the liability for the offense committed by a madman upon his family.

Hazrat Sakhr bin Juwairiyah narrates that Hazrat Nafi’ said: During the time of Hazrat Ibn Zubair, there was a madman who would sometimes recover so that he had no ailment, and sometimes his illness would return. During this period, while he was sleeping with his cousin, he entered the room with a dagger and stabbed his cousin in the stomach, killing him. Upon this, Hazrat Abdullah bin Zubair, as a judgment, confiscated all his wealth and gave it to the family of the murdered person.