A question was put to Hazrat Ali (A) about an insane woman with whom adultery was committed and she had become pregnant , to which the Holy Imam (A) replied.“An insane woman is just like an animal and is out of the control of her mind. Therefore, there is no punishment for her if she is involved in a case of adultery i.e., neither stoning to death nor even whipping or exile.” (Wafi, vol. 9, p. 46).
Allama Jazairi in his collection of Judgments of Hazrat Ali (A) titled ‘Abu Turab’ (Urdu) vol. 2, p. 89) has added the following note to the above Judgment.
“The above Judgment is particularly meant for an insane woman. If an insane man who is either completely mad or his brain is slightly deranged is involved in such a case he cannot escape the punishment fixed for adultery for the reason as explained in the following tradition of Imam Jafar Sadiq (A) who has said .”
“If an insane man or a woman? whose brain is half deranged indulges in adultery, he would be stoned to death, provided he has a wife, otherwise he would be whipped.”
The person who has reported the above tradition of the Holy Imam (A) proceeding further says as under :
“When I asked the Holy Imam (A) as to why there were two different punishment for an insane man and an insane woman, he replied.”
“It is because the man involved in such a case commits the crime deliberately and sensibly i.e., with full knowledge of his sensual feelings and as to how he should do it, whereas the woman with whom the crime is committed and who is only an object in the case and has no sense at all as to what is being done with her but at times she is totally ignorant of it.” (Wafi, vol. 9, p. 46). Reference : Judgments of Hazrat Ali (as)