Hadith Text & Reference

"The pen has been lifted from three: From the sleeper until he wakes up, from the minor until he grows up, and from the insane until he comes back to his senses or recovers."

Source: Sunan an-Nasa'i 3432 | The Book of Divorce

Meaning & Context

This noble hadith establishes a fundamental principle in Islamic jurisprudence regarding moral and legal responsibility (taklīf). The "pen" symbolizes the recording of deeds and the consequent divine accountability. Its being "lifted" means exemption from such recording and accountability during specified conditions.

The Prophet (peace be upon him) identifies three categories of individuals temporarily exempted from the obligations (farā'id) and prohibitions (muḥarramāt) of the Shari'ah due to their lack of full intellectual capacity ('aql) or consciousness.

Detailed Commentary on the Three Categories

1. The Sleeper: A person in deep sleep lacks consciousness and intent (niyyah), which are pillars for the validity of most acts of worship and the imputation of sin. Deeds performed while asleep, whether good or bad, are not recorded. This exemption lasts until he regains full consciousness upon waking.

2. The Minor: A child who has not reached the age of discernment (tamyīz) or puberty (bulūgh) lacks the mature intellect to comprehend the full implications of religious obligations. Therefore, they are not held accountable for omissions or commissions. However, their guardians are commanded to instruct and habituate them to Islamic practices.

3. The Insane: An insane person (majnūn) is one who has lost his faculty of reason ('aql), the foundation of legal responsibility. Like the minor, he cannot distinguish between right and wrong in a legally cognizable way. The exemption continues until he recovers his sanity and rational thought.

Juridical Implications & Wisdom

This hadith demonstrates the profound justice and mercy of Islamic law. Accountability is contingent upon the capacity to understand and choose. It negates arbitrary punishment and underscores that divine law is rational and considerate of human circumstances.

Scholars derive from this that legal rulings related to civil transactions (mu'āmalāt) undertaken by these individuals are generally invalid, as they lack the legal capacity (ahliyyah). The wisdom lies in protecting those who are vulnerable due to a lack of requisite consciousness or intellect, ensuring justice and preventing undue hardship.