Who is legally capable of making a valid confession?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
A confession is only valid if made by a rational and willing person. The confession of a child, an insane person, one suffering from high fever (Mubrasam), one who is asleep, or one who is unconscious is not valid. There is no known dispute on this matter for the first three categories, based on the Hadith stating that the pen is lifted from three: the boy until he reaches puberty, the insane person until he wakes, and the sleeper until he rises. The feverish and the unconscious are analogous to the insane and the sleeping, as their statements are those of someone absent of mind.
Supporting text
A discerning (Mumayyiz) minor's confession is valid only to the extent permitted by his guardian in matters he is authorized for, such as trade, according to Ahmad (in one narration) and Abu Hanifa. Abu Bakr and Ibn Abi Musa hold that it is only valid for minor matters in trade. Al-Shafi'i maintains that a discerning minor's confession is never valid due to the general nature of the ruling that lifts accountability and because he is not an adult, making him similar to a child; his testimony and narration are also not accepted. However, the counterargument is that since he is rational and capable, his transaction is valid, so his confession should be valid, and the Hadith relates only to the lifting of religious obligation and sin.