How is the legal status determined for an individual experiencing intermittent insanity or epilepsy?

General Chapter

Al-Mughni

Book of Jizya

Book 55 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person's periods of lucidity (recovery) and insanity/seizures are erratic and impossible to precisely measure (e.g., clearing for an hour per day or every few days), the ruling is based on the predominant state. If the condition is measurable, such as insanity for one day and lucidity for two, there are two views. The primary view, held by Abu Hanifa, considers the majority of the person's state, similar to the uncontrollable case. The secondary view is that the days of lucidity are aggregated. If these aggregated days equal the period required for obligation, then the obligation applies. If aggregation is used, some jurists argue the Jizya is due only upon the completion of a full year from the aggregated lucid periods, while others argue it is taken proportionally at the end of each year based on the time lucid.

Supporting text

If the periods of lucidity and insanity are perfectly equal (e.g., one day sane, one day insane, or half a year each), aggregation of the lucid periods is required because determining the majority state is impossible.