what pleases him, is grieved by what harms him, and his intoxication wears off in a short amount of time; thus, he is similar to a drowsy person, unlike the sleeping person or the insane person. As for his repentance, it is delayed until the time he is sober so that his intellect may be complete, he may understand what is said to him, and the ambiguity (4) of whether he spoke the disbelief while believing it may be removed, just as his repentance is delayed until his severe thirst or hunger has passed. A child is [likewise] delayed until the time of his puberty and the completion of his intellect, and because killing was ordained as a deterrent, and deterrence is not achieved in his state of intoxication. If a killer kills him while he is intoxicated, he does not incur liability, because his sanctity was removed by his apostasy. If he dies or is killed, his heirs do not inherit from him, and he is not to be killed (5) until three days have passed for him, starting from the time he apostatized. If his intoxication continues for more than three days, he is not to be killed until he becomes sober, then he is requested to repent immediately after his sobriety; if he repents, [he is left], otherwise he is killed on the spot. If he embraces Islam while intoxicated, his Islam is valid, then he is questioned after he becomes sober; if he remains upon his Islam, he is a Muslim from the time he embraced Islam (6), because his Islam is valid. If he disbelieves [again], he is a disbeliever from the present moment, because his Islam was valid, and he is only questioned as a precautionary measure. If he dies after his Islam while in his state of intoxication, he dies a Muslim.

Section: The Islam of the intoxicated person is valid while he is intoxicated, whether he was originally a disbeliever or an apostate; because if his apostasy is valid despite it being purely harmful and a false statement, then his Islam, which is a true statement and purely beneficial, is more deserving of validity. If he retracts his Islam and says, "I did not know what I said," no attention is paid to his statement, and he is compelled to [remain in] Islam; if he embraces it, [well and good], otherwise he is killed. It could be inferred that his Islam is not valid, based on the opinion that his apostasy is not valid, for whoever's apostasy is not valid, his Islam is not valid, like the child and the mentally deficient person.

Section: Neither the apostasy nor the Islam of the insane person is valid because he has no [accountable] speech. If he apostatizes while in his state of sanity and then becomes insane, he is not to be killed while in his state of insanity, because he is killed for persisting in his apostasy, and the insane person cannot be described as persisting, nor is it possible to request his repentance. If retaliation (qisas) becomes mandatory upon him and then he becomes insane, he is executed, because retaliation...