Is a person legally accountable for prohibited acts committed while sleeping?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The pen of accountability is lifted from the sleeper. Therefore, if a sleeping person commits *zina* (fornication or adultery), or if a woman engages with a sleeping man such that *zina* occurs, no *hadd* (prescribed legal punishment) is incumbent upon the sleeper. This is because accountability is removed from him.