“The testimony of an insane person or an imbecile is not accepted.” An insane person is one whose reason has been entirely taken away—one who has no reason at all. An imbecile, however, has reason, but it is overpowered; he cannot distinguish clearly. He is like a child who cannot discern—or perhaps we should say, like a child who can discern but lacks sound comprehension. Thus, the testimony of an insane person, who has no reason at all, is not accepted; nor is the testimony of an imbecile, who possesses some reason but whose mind is impaired and who is unable to act with full competence. This is because they lack that by which perception can be grasped and then conveyed—that is, delivered as testimony. Therefore, the testimony of insane persons and imbeciles is not accepted.

His statement, “is accepted”: the pronoun refers to the testimony.

His statement, “one who is occasionally afflicted by choking fits,” means one who periodically becomes insane.

His statement, “when he is lucid,” applies both to receiving and giving testimony. For he cannot receive testimony while insane, nor can he give it while insane. But if he received it while lucid and gave it while lucid, then his testimony is accepted, because the impediment on account of which testimony is rejected has ceased.

The testimony of an intoxicated person is not accepted, because he lacks reason, both when receiving testimony and when giving it. Once he has sobered up, however, his testimony is accepted if he received it while sober. The same applies to one affected by sorcery. So long as a person has lost his reason for any cause whatsoever, his testimony is not accepted, neither when receiving it nor when giving it.

Third: speech. The testimony of a mute person is not accepted, even if his gestures are understood, unless he gives it in writing.

His statement, “Third: speech”: this is the third condition—speech—and it is