An insane person who commits an offence

Ash'ath said that Imam al-Sha'bi said: "For whatever offence an insane person commits while insane, the penalty is due from his family, and for whatever offence he commits while lucid, retaliation is to be taken from him."

Hisham said that al-Hasan al-Basri said, regarding an insane person, one overcome in his mind, one lacking understanding, and one who suffers a fit once or twice a month: "When that condition leaves him, and he then fasts, prays, understands matters and harms someone, the penalty is due from him."

Yahya bin Sa'id said that Umar bin Abd al-Aziz placed the liability for an insane person's offence on his family.

Sakhr bin Juwayriyah said that Nafi' said: "In the time of Sayyiduna Ibn al-Zubayr (may Allah be pleased with him) there was an insane man. Sometimes he would recover so that he had no affliction, and sometimes his affliction would return. While he was sleeping with his cousin, he entered the room with a dagger, stabbed his cousin and killed him. At this Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with him) ruled that all his wealth be taken from him and given to the family of the slain man."