What is the ruling on a confession made by one whose intellect has been removed due to a permissible or excused cause?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person's reason is removed due to a permissible cause or one for which he is excused (such as illness), his confession is not accepted, and this is without disagreement; he is treated like an insane person.
Supporting text
If the removal of intellect is due to a forbidden act, such as a drunkard who intentionally consumes intoxicants without necessity, his confession is invalid because he is not rational, similar to an insane person whose insanity resulted from a forbidden act. However, a secondary opinion suggests his confession might be valid based on the fact that his divorce pronouncements are generally upheld as valid, implying his actions are treated like those of a sober person. The preferred view is that his confession is not accepted because he is not trusted regarding the soundness of his speech.