Glossary of the ḥadīth
– rufiʿa (was lifted): a passive form of the verb rafaʿa, “to raise,” the opposite of khaḍḍ (to lower). Al-Miṣbāḥ states that rafʿ, when applied to bodies, denotes actual movement or relocation, whereas in abstract contexts its sense depends on the surrounding speech. Thus, in the Prophet’s words, “The pen has been lifted from three,” the “pen” was never placed upon the child to begin with; the intent is that no legal obligation exists and therefore no liability.
– al-qalam (the pen): with two short vowels; anything used for writing. Here it refers to the pen held by the recording angels—Allah knows best its true nature.
– aw yafīqa (or until he regains consciousness): from ifāqah, “recovery of sense.” One says: afāqa al-majnūn ifāqah, meaning “the insane person returned to his reason.”

Lessons drawn from the ḥadīth
1 – Legal capacity (al-ahliyyah) is a person’s fitness and eligibility with respect to the rights prescribed by the Sharia, whether accruing to him or against him; it must be taken into account in all transactions.
2 – If someone loses this capacity, he likewise loses voluntary freedom of choice. That may occur through sleep, which deprives him of the wakefulness needed for performing duties; through minority, for the child lacks capacity by virtue of immaturity; or through insanity, which disrupts mental functions so that sound discernment and accurate perception cease. In any of these three states capacity is absent, and—by His justice, forbearance, and generosity—Allah, Exalted is He, has removed accountability for any transgression or negligence that may issue from such a person.
3 – The Almighty says, “…but He will hold you accountable for what your hearts have earned. Allah is All-Forgiving, Most Forbearing” (2:225). Hence, acts undertaken while a person lacks capacity and freedom of choice carry no legal consequences for which he would be answerable.
4 – Included in this is divorce: a sleeping man who babbles in his sleep and pronounces divorce—his pronouncement is of no effect. The same ruling applies to an insane person who has lost his capacity and utters words he neither recognizes nor understands; his divorce is likewise invalid and without consequence.