What is the ruling regarding the legal actions (manumission, vows, sales, purchases, apostasy, admission, killing, slandering, and theft) of a drunkard?
General Chapter
Al-Mughni
Book of Divorce
Primary text
The legal ruling concerning the manumission, vows, sales, purchases, apostasy, admission, killing, slandering, and theft of a drunkard is the same as the ruling concerning his divorce. Regarding accountability for actions against others, such as theft or slander, the drunkard is treated like a sober person. This is evidenced by the consensus of Companions treating the drunkard in slander cases as accountable, mirroring the sober person, because he is a legally responsible person who commits a prohibited act while not coerced.
Supporting text
There are differing narrations from Ahmad concerning the drunkard's transactions. One narration suggests refraining from judgment, stating nothing uttered by the drunkard is valid. Another position, held by Abu 'Abdillah ibn Hamid, states the drunkard is like the sober person regarding benefits and liabilities, but for transactions (sale, marriage, exchange), he is treated like an insane person, invalidating his actions. However, the preferred view is that his acquisition of property is also invalid, as validating actions against him (liability) while invalidating actions for him (benefit) constitutes accountability without a corresponding benefit.