What is the ruling concerning the confession (Iqrar) of adultery (Zina) from a person incapable of the act that necessitates Hadd?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the term 'sound' refers to the capacity for the act that entails the Hadd (i.e., sexual intercourse), then no Hadd is required if a person incapable of such an act, such as an insane person, confesses to Zina. This is because the impossibility of the act necessitating the Hadd is certain. If evidence is presented against such a person, the witnesses are deemed false, and the Hadd is applied to the witnesses themselves. Imam Ahmad explicitly stated this.
Supporting text
If a eunuch (*Khasi*) or a person unable to perform coitus (*A’nin*) confesses to Zina, the Hadd is obligatory upon them. This position is held by Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y), as the act is conceivable for them, and thus their confession is accepted, similar to an elderly man.