Ibn Abbas said: A lunatic woman passed by Ali ibn AbuTalib. He then mentioned the rest of the tradition to the same effect as Uthman mentioned. This version has: Do you not remember that the Messenger of Allah (ﷺ) has said: There are three whose actions are not recorded: a lunatic whose mind is deranged till he is restored to consciousness, a sleeper till he awakes, and a boy till he reaches puberty?
Hadith Text & Context
This narration from Sunan Abi Dawud 4401 reports that Ibn Abbas narrated about a lunatic woman who passed by Ali ibn Abi Talib. Ali then cited the Prophet's teaching that three categories of people are exempt from accountability for their actions: a lunatic until restored to sanity, a sleeper until awakening, and a child until reaching puberty.
Legal Analysis of Accountability
The hadith establishes a fundamental principle in Islamic jurisprudence regarding legal responsibility (taklīf). Classical scholars explain that hudūd punishments are only applicable to those possessing full mental capacity (ʿāqil) and consciousness.
The insane (majnūn) lack discernment (tamyīz) and intention (qasd), which are prerequisites for criminal liability. This exemption protects those incapable of forming criminal intent from prescribed punishments.
Scholarly Commentary
Imam al-Nawawi states in Sharh Sahih Muslim that this hadith demonstrates Allah's mercy in lifting accountability from those incapable of understanding their actions. The recording of deeds (kitābat al-aʿmāl) ceases for these three categories.
Ibn Qudamah al-Maqdisi explains in al-Mughnī that the insane cannot be subjected to hudūd because punishment requires both the physical act and the mental capacity to understand its prohibition.
Practical Application in Hudūd
In Kitab Al-Hudud, this principle means that if an insane person commits what would normally be a hadd offense (theft, unlawful sexual intercourse, etc.), no prescribed punishment is applied. Instead, they may be restrained for public safety but not punished.
Scholars emphasize that this exemption applies only during periods of actual insanity, not intermittent lucidity. The sleeping person is exempt because actions during sleep are involuntary, while children lack legal capacity until puberty.