He said in al-Rawd: "And likewise, if he becomes insane or loses consciousness before acceptance, but not if he sleeps."
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The Shaykh : Listen, in the commentary it says "And likewise, if he becomes insane or loses consciousness before acceptance". This means that it is a condition that the intellect of the one accepting not be removed before his acceptance. If his intellect is removed and he becomes insane, the offer is invalid. When does the offer become invalid? The offer is invalid. This man, when he was told, "I have married you my daughter," was struck by insanity from the joy. We ask Allah for well-being. When? When he regains consciousness. But when he regains consciousness, the offer must be repeated. The offer must be repeated. And likewise, if he loses consciousness, we say the offer is invalid and it must be repeated.
He said "but not if he sleeps". Who is the one who comes to sleep? Or was he of sound mind? He said, "I have married you my daughter," and Allah cast sleep upon him and he slept. After an hour or two he woke up. They were waking him, but he was in a deep sleep. After that he woke up and said, "I accept." Is it valid or not?
The questioner : ... .
The Shaykh : No, it is valid.
The questioner : ... .
The Shaykh : Yes, according to the school of thought it is valid, because he did not engage in what breaks it, and they did not separate. So he is like one who is silent. On this basis, if someone asks, "If the intellect of the one accepting is removed before his acceptance, is the offer invalid?" You say in this, there is a distinction. If his intellect is removed by sleep, the offer is not invalid. If his intellect is removed by something over which he has no choice, such as fainting or insanity, the offer is invalid and it must be repeated. Then he said. Did you hear? Yes, insanity and fainting.
The questioner : ... .
The Shaykh : Yes, this is an example. The second is by way of example.
He said "but not if he sleeps". Who is the one who comes to sleep? Or was he of sound mind? He said, "I have married you my daughter," and Allah cast sleep upon him and he slept. After an hour or two he woke up. They were waking him, but he was in a deep sleep. After that he woke up and said, "I accept." Is it valid or not?
The questioner : ... .
The Shaykh : No, it is valid.
The questioner : ... .
The Shaykh : Yes, according to the school of thought it is valid, because he did not engage in what breaks it, and they did not separate. So he is like one who is silent. On this basis, if someone asks, "If the intellect of the one accepting is removed before his acceptance, is the offer invalid?" You say in this, there is a distinction. If his intellect is removed by sleep, the offer is not invalid. If his intellect is removed by something over which he has no choice, such as fainting or insanity, the offer is invalid and it must be repeated. Then he said. Did you hear? Yes, insanity and fainting.
The questioner : ... .
The Shaykh : Yes, this is an example. The second is by way of example.