lacks reason and cannot understand what is said to him is not known, on any basis in revelation or otherwise, to be subject to commands and prohibitions. Indeed, the evidence of revelation and reason rules out addressing such a person in this way.

If, however, what is meant is that he may be held accountable for what he does while intoxicated, this is generally correct. But this is because, while sober, he was commanded not to drink wine, which leads to those offenses. If he does what is prohibited, he is not excused for the unlawful acts he commits. As I have said concerning intoxication arising from inward states: if the cause of intoxication is forbidden, the intoxicated person is not excused. What I have said may imply that, regarding prescribed punishments, he is treated like a sober person; this is a plausible view.

My discussion, however, concerns only the validity or invalidity of his legal acts. As for Allah’s words,

“Do not approach prayer while you are intoxicated,”

this prohibits them from becoming so intoxicated that they miss the prayer, or prohibits them from drinking shortly before prayer, or addresses those beginning to feel the effects of intoxication. While actually intoxicated, however, a person is in no way subject to commands and prohibitions.

There are several grounds establishing that his legal acts are invalid:

“The first”

The hadith of Jābir ibn Samura in Sahīh Muslim, in which “the Prophet, peace and blessings be upon him, ordered that the breath of Māʿiz ibn Mālik be smelled.”

“The second”

His acts of worship, such as prayer, are invalid according to the revealed text and scholarly consensus. Allah has forbidden approaching prayer while intoxicated until one knows what one is saying, and there is agreement on this. This differs from someone who has drunk but is not intoxicated: his worship is valid if its conditions are fulfilled. It is well known that the intoxicated person’s prayer is invalid only because he does not know what he is saying, as the Quran indicates.

We therefore say: if invalidity applies to a person’s