Is the testament of an intoxicated person valid?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

The testament of an intoxicated person is invalid. The basis for this ruling is that intoxication renders a person non-rational, similar to an insane person, thus invalidating his testament. While some scholars uphold the pronouncement of divorce (Talaq) by an intoxicated person as a stern measure against committing a sin, this severity does not extend to his testament, as the testament concerns his own estate and harms his heirs, unlike the pronouncement of divorce which is directly related to the sin committed.

Supporting text

There are two established views regarding the validity of the intoxicated person's divorce pronouncement, but his testament is generally deemed invalid.