by doubts (shubhat), and because his divorce does not take effect according to one narration, so he is like the sleeper. The first view is more appropriate; because dropping the hadd from him leads to the situation where anyone who wants to commit these prohibited acts would drink wine and do whatever he likes, and nothing would be held against him; and because intoxication is a source of committing prohibitions and a cause for it, so he has caused them to occur while he was sober. As for if he confesses to adultery while intoxicated, his confession is not considered; because he does not know what he is saying, and his statement does not indicate the truth of his report, so it is like the statement of the sleeper and the insane person. Burayda narrated that the Prophet (may Allah be pleased with him) sniffed Ma'iz's breath. Narrated by Abu Dawud (8). He only did that to know whether (9) he was intoxicated or not; if the intoxicated person's confession were acceptable, there would have been no need to ascertain his innocence from it.

Section: As for his statement "while he is sound," al-Qadi interpreted it as being sound of health, meaning that the hadd is not applicable to him during his illness, and even if it were applicable, the hadd is only carried out in a way that ensures he will not perish. If there is a fear of harm to him, he is struck once with a bundle consisting of one hundred thin stalks or a small twig. It is possible that he intended the one who is sound in the sense of one for whom sexual intercourse is physically possible. If someone from whom it is not possible to engage in it confesses to adultery, [like the one whose penis has been cut off (majbub), there is no hadd upon him] (10); because we are certain that the adultery requiring the hadd is not possible for him, and if evidence were established against him, it would be false, and the hadd would be upon the witnesses. Ahmad explicitly stated this. If the castrated man (khasi) or the impotent man (innin) confesses, the hadd is applicable to him. This is the view of al-Shafi'i, Abu Thawr, and the Ahl al-Ra'y (11); because such an act is possible for him, so his confession is accepted, like that of an elderly man.

Section: As for the mute person, if his gesture is not understood, it is not possible for him to confess, and if his gesture is understood, al-Qadi said: The hadd is applicable to him. This is the view of al-Shafi'i, Ibn al-Qasim, a companion of Malik, Abu Thawr, and Ibn al-Mundhir; because whoever's confession is valid regarding other than adultery, his confession regarding it is also valid, like the person who can speak. The companions of Abu Hanifa said: He is not to be punished with the hadd by confession or by evidence; because the gesture permits the possibility of what is understood from it as well as something else.