Musannaf 'Abd al-Razzaq 12351
✧ The insane and the one with waswas
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عَبْدُ الرَّزَّاقِ عَنْ مَعْمَرٍ، عَنْ أَيُّوبَ، عَنْ أَبِي قِلَابَةَ قَالَ:
إِذَا طَلَّقَ الْمَجْنُونُ فَقَامَتِ الْبَيِّنَةُ أَنَّهُ كَانَ يَعْقِلُ جَازَ طَلَاقُهُ، وَإِلَّا أُحْلِفَ بِاللهِ مَا كَانَ يَعْقِلُ، فَإِنْ حَلَفَ وَإِلَّا جَازَ طَلَاقُهُ "، وَقَالَ فِي الْمَجْنُونِ الَّذِي يُسْتَنْكَرُ يَقْتُلُ رَجُلًا: " يُحَلَّفُ بِاللهِ مَا كَانَ يَعْقِلُ، فَإِنْ حَلَفَ غُرِّمَ الدِّيَةَ، وَإِلَّا قُتِلَ
Translation
Machine translation, not reviewed
"If an insane person divorces and evidence is established that he was of sound mind, his divorce is valid. Otherwise he is made to swear by Allah that he was not of sound mind. If he swears, [it is accepted]; otherwise his divorce is valid." He also said, concerning an insane person who is known to kill a man: "He is made to swear by Allah that he was not of sound mind. If he swears, he is made to pay the blood money; otherwise he is killed."
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