confession (12). Their argument that we believed her in her denial is invalid; for we did not rule based on the truthfulness of her claim, and the negation of the hadd only occurred due to the absence of the requirement—which is confession or evidence—not because of the existence of any validation of her claim. This is evidenced by what would happen if she had remained silent or if the evidence were incomplete. Once this is established, then the free person and the slave, the virgin and the previously married person, are equal regarding the confession, because it is one of the two pieces of evidence for adultery, so all are equal in it, just like evidence (bayyina).

1559 - Issue: He said: (And he is an adult, sound-minded, and sane).

As for reaching the age of puberty (bulugh) and being sane, there is no disagreement regarding their consideration for the obligation of the hadd and the validity of a confession; because the pen (of accountability) has been lifted from the child and the insane person, and there is no legal standing for their statements. Ali (may Allah be pleased with him) reported from the Prophet (may Allah bless him and grant him peace) that he said: "The pen is lifted from three: from the sleeper until he wakes, from the child until he reaches puberty, and from the insane person until he regains his sanity." Narrated by Abu Dawud and al-Tirmidhi (2), who said it is a hassan (good) hadith. In the hadith of Ibn Abbas, concerning the story of Ma'iz, the Prophet (may Allah bless him and grant him peace) asked his people: "Is he insane?" They said: "There is nothing wrong with him" (3). It was also narrated that the Prophet (may Allah bless him and grant him peace) said to him when he confessed before him: "Are you insane?" (3). Abu Dawud (5) narrated with his chain, saying: A woman who was insane and had committed adultery was brought to Umar. He consulted people regarding her, and Umar ordered that she be stoned. Ali ibn Abi Talib (may Allah be pleased with him) passed by her and said: "What is the matter with her?" They said: "The insane woman of such-and-such family has committed adultery, so Umar ordered that she be stoned."