Is it obligatory to observe hijab in the presence of a person with an intellectual disability?
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Q: We are three married brothers, and each of us lives separately. We have a fourth brother who is about 38 years old, and he suffers from both intellectual and physical disabilities. According to a report from the mental health hospital directed to social affairs, his intelligence level is 60%. He cannot walk properly, and he does not know how to buy or sell because he does not know about currency, counting, or purchasing. He does not know the days or the months of the year. He was not accepted into the intellectual institute, and an annual allowance was allocated for him.
The amount is (5,500) riyals. Since his vision is very weak, everything must be brought to him. He cannot distinguish between his own clothes and those of others. When he leaves the house, he cannot find his way back. He frequently curses and quarrels with people he knows and those he does not know, and he does not perform the prayer properly. We ask about this: 1- Is it permissible for our wives to be uncovered in his presence when serving food, for example, since he must live with one of us? Or, for example, when eating, he eats with us while the woman covers her hair and body except for her face. 2- He, that is, the disabled person, has an annual allowance. Is it permissible to spend it on any personal purpose, since we are supporting him religiously because his power of attorney was not established with the judge due to the judge’s refusal to accept his power of attorney on the grounds that the agency was not valid? Should we dispose of this money, or should it be limited to what he needs? 3- Is it permissible to give sedatives to people in such conditions?
A: 1- Your women must observe hijab in the presence of the aforementioned person out of fear of fitnah (trial, discord or temptation), and due to the generality of the evidence regarding the obligation of a woman to observe hijab from a man who is not one of her mahram (a relative one may not marry). 2- What is spent from his financial allowance should be used for what he needs, and any excess beyond his needs should be preserved for him, and its zakah (the obligatory alms) should be paid if it reaches the nisab (the minimum threshold for zakah) and a lunar year of possession has passed. 3- No medication should be given except what is prescribed by specialized doctors.
The amount is (5,500) riyals. Since his vision is very weak, everything must be brought to him. He cannot distinguish between his own clothes and those of others. When he leaves the house, he cannot find his way back. He frequently curses and quarrels with people he knows and those he does not know, and he does not perform the prayer properly. We ask about this: 1- Is it permissible for our wives to be uncovered in his presence when serving food, for example, since he must live with one of us? Or, for example, when eating, he eats with us while the woman covers her hair and body except for her face. 2- He, that is, the disabled person, has an annual allowance. Is it permissible to spend it on any personal purpose, since we are supporting him religiously because his power of attorney was not established with the judge due to the judge’s refusal to accept his power of attorney on the grounds that the agency was not valid? Should we dispose of this money, or should it be limited to what he needs? 3- Is it permissible to give sedatives to people in such conditions?
A: 1- Your women must observe hijab in the presence of the aforementioned person out of fear of fitnah (trial, discord or temptation), and due to the generality of the evidence regarding the obligation of a woman to observe hijab from a man who is not one of her mahram (a relative one may not marry). 2- What is spent from his financial allowance should be used for what he needs, and any excess beyond his needs should be preserved for him, and its zakah (the obligatory alms) should be paid if it reaches the nisab (the minimum threshold for zakah) and a lunar year of possession has passed. 3- No medication should be given except what is prescribed by specialized doctors.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.