When must a person who apostatizes while intoxicated be called to repent (Istitaaba)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
If a person apostatizes while intoxicated, their Islam is valid if they return to it while still intoxicated, and they are questioned only after regaining sobriety to confirm their commitment. If they remain in intoxication for more than three days from the time of apostasy, their repentance is not accepted until they become sober. Upon sobriety, they must be called to repent. If they persist in disbelief, they are executed immediately. If they were killed by an assailant while intoxicated and apostate, the assailant is not liable for blood money because the apostate's inviolability has ceased due to their apostasy. Their heirs do not inherit from them if they die.
Supporting text
The initial period for repentance is set at three days starting from the moment of apostasy. If the intoxication persists beyond this period, the procedure is delayed until sobriety is achieved, as the full legal consequence (execution) is not applied while the person is in a state where the deterrent effect of the punishment is lost.