What constitutes intoxication (sukr) that renders a person subject to legal penalty regarding speech?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 1

Open in Qurani

Primary text

Intoxication that warrants legal consequence is defined as the state where a person mixes up their speech to the extent that they cannot distinguish their own cloak from another's, or their sandal from another's. The evidence for this criterion is the statement of Allah the Almighty: O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying (Quran 4:43), which made knowledge of speech the marker for the cessation of intoxication. It is reported from Umar, may Allah be pleased with him, that he ordered that they be asked to recite the Quran, or that their cloak be mixed with others; if they recited the Mother of the Book (Al-Fatiha) or identified their cloak, the penalty should be established; otherwise, it is not established. This specific inability to distinguish one's belongings is the measure, not the inability to distinguish sky from earth or male from female, as that level of unawareness is also characteristic of a lunatic.