and if they consist of spoken words, the heart is more directly involved in them: it must be conscious of the words being uttered, or aware of what it is saying, and intend it.

For this reason, utterances are recognized under Islamic law only when made by a person of sound mind who knows what he is saying and intends it. As for an insane person or a child who has not attained discernment, all their utterances are legally without effect. No declaration of faith or disbelief, no contract, and no other utterance of theirs has legal validity, by agreement of the Muslims. Likewise, everything a sleeping person says in his sleep is legally without effect, whether the insane person or the sleeper utters words of divorce, disbelief, or anything else. This is unlike the case of a child, for if an insane person or a sleeping person destroys property, he is liable for it; and if he kills someone, blood money becomes due, just as it does for accidental killing.

The scholars differed concerning an intoxicated person, although they agreed that his prayer is invalid, because the Prophet, may Allah bless him and grant him peace, said:

“Command them to pray at seven, strike them for neglecting it at ten, and separate them in their beds.”

This hadith is well known in the Sunan collections. They differed concerning an intoxicated person’s legal acts, such as divorce, and his prohibited actions, such as killing and unlawful sexual intercourse: is he to be treated as a person of sound mind or as an insane person? Or should distinctions be made between his words and actions, or between some of these and others? There are several well-known opinions on this.

What the scriptural texts, foundational principles, and statements of the Companions indicate is that his utterances have no legal effect, like those of an insane person: they effect neither divorce nor anything else. For Allah Most High has said: