Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If a madman confesses that he has committed adultery, will the prescribed punishment (ḥadd) be carried out upon him?
If an insane person confesses to adultery while in the state of insanity, such a confession is not valid. Therefore, the ḥadd will not be carried out upon him.
Sayyiduna Māʿiz ibn Mālik رضي الله عنه came to the Messenger of Allah ﷺ and said: “O Messenger of Allah! Purify me.” He repeated this four times. The Messenger of Allah ﷺ asked him: “From what should I purify you?” He replied: “From adultery.”
The Prophet ﷺ asked: “Are you afflicted with madness?” The companions replied: “He is not mad.” The Prophet ﷺ asked: “Has he drunk wine?” A man stood up, smelled his mouth, and said that he had not drunk wine. The Prophet ﷺ then asked him: “Did you commit adultery?” He replied: “Yes.” Thereupon, the Messenger of Allah ﷺ ordered him to be stoned, and he was stoned to death.
(Ṣaḥīḥ Muslim: 1695)
From this Hadith, it is proven that the confession of a madman is not valid, which is why the Messenger of Allah ﷺ first inquired whether Māʿiz was insane.
✔ Imam al-Bayhaqi رحمه الله (458 AH):
“This Hadith clearly shows that the Prophet ﷺ intended to invalidate a confession made under intoxication, just as he intended to invalidate a confession made under insanity. This indicates that a statement made while intoxicated carries no legal ruling.”
(السنن الكبرى: 9/359)
✔ Qadi ʿIyad رحمه الله (544 AH):
“If a madman confesses during his insanity, the ḥadd will not apply to him, and the prescribed punishments are waived from him. This is something upon which there is scholarly consensus.”
(إكمال المعلم: 5/510)
Conclusion:
The confession of a madman in his state of insanity is invalid. No ḥadd is established on such a confession. This ruling is agreed upon by the scholars.
◈ Question:
If a madman confesses that he has committed adultery, will the prescribed punishment (ḥadd) be carried out upon him?
◈ Answer:
If an insane person confesses to adultery while in the state of insanity, such a confession is not valid. Therefore, the ḥadd will not be carried out upon him.
Sayyiduna Māʿiz ibn Mālik رضي الله عنه came to the Messenger of Allah ﷺ and said: “O Messenger of Allah! Purify me.” He repeated this four times. The Messenger of Allah ﷺ asked him: “From what should I purify you?” He replied: “From adultery.”
The Prophet ﷺ asked: “Are you afflicted with madness?” The companions replied: “He is not mad.” The Prophet ﷺ asked: “Has he drunk wine?” A man stood up, smelled his mouth, and said that he had not drunk wine. The Prophet ﷺ then asked him: “Did you commit adultery?” He replied: “Yes.” Thereupon, the Messenger of Allah ﷺ ordered him to be stoned, and he was stoned to death.
(Ṣaḥīḥ Muslim: 1695)
From this Hadith, it is proven that the confession of a madman is not valid, which is why the Messenger of Allah ﷺ first inquired whether Māʿiz was insane.
❀ Statements of the Scholars
✔ Imam al-Bayhaqi رحمه الله (458 AH):
“This Hadith clearly shows that the Prophet ﷺ intended to invalidate a confession made under intoxication, just as he intended to invalidate a confession made under insanity. This indicates that a statement made while intoxicated carries no legal ruling.”
(السنن الكبرى: 9/359)
✔ Qadi ʿIyad رحمه الله (544 AH):
“If a madman confesses during his insanity, the ḥadd will not apply to him, and the prescribed punishments are waived from him. This is something upon which there is scholarly consensus.”
(إكمال المعلم: 5/510)
Conclusion:The confession of a madman in his state of insanity is invalid. No ḥadd is established on such a confession. This ruling is agreed upon by the scholars.
