What is the ruling on one who became intoxicated by the act of another, and then committed a sin such as adultery or murder? And is he punished for that?
Committing crimes of murder, fornication, and consuming intoxicants are among the greatest sins. If a person commits them while being insane, without causing it or being aware of it, then there is no sin upon him and no legal punishment (Hadd), based on the saying of the Prophet (peace be upon him): "The pen has been lifted from three: from the insane person until he recovers his sanity, from the sleeper until he awakens, and from the child until he reaches puberty." The sin falls upon the one who administered the intoxicant to him. As for murder, blood money (Diyya) is obligatory upon his 'Aqila (paternal relatives), or from the Muslim treasury (Bayt al-Mal), or from his personal wealth.
However, if he was aware of what was given to him and consumed it, then he is sinful and subject to the punishments for intoxication, fornication, and retribution (Qisas). If an intoxicated person, due to unlawful intoxication, kills an innocent soul, he shall be killed, and he is not excused by the loss of his sanity because he brought it upon himself.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 63600
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- . This is when the answer was added to El Fatwa, not the fatwa's date.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy