What is the ruling on ordering an undiscriminating minor, an insane person, or an ignorant person to commit fornication or theft?

Chapter on Retaliation (Qawad)

Al-Mughni

Book of Wounds

Book 47 · Issue 2 · Bab 2

Open in Qurani

Primary text

If someone orders an undiscriminating minor, an insane person, or an ignorant person to commit fornication (*zina*) or theft (*sariqah*), the prescribed legal punishment (*hadd*) is not incumbent upon the orderer. This is because the prescribed punishment is only obligatory upon the direct actor.