Ibn Majah

Benefits and Issues:
➊ The meaning of "the pen being lifted" is that their deeds are not recorded.

➋ The actions of the individuals mentioned in the hadith have no legal status; those deeds are null and void.

➌ If a person utters the words of "divorce" (talaq) in his sleep, then the divorce will not take effect, because neither did he intend to give divorce, nor was he aware that he had given it.

➍ The matters of marriage, divorce, etc., of a minor child are in the hands of his guardian; therefore, divorce will also occur not by the child giving it, but according to the will of the guardian. When he reaches maturity, then his divorce will be valid. In this, the approval or disapproval of the guardian will have no effect.

➎ If the insanity of a madman (majnun) is such that sometimes he is conscious and sometimes not, then if he gives divorce while in a state of consciousness and awareness, only then will his divorce be valid, otherwise not. If he never regains consciousness, then any divorce uttered by him is null and void. If the woman feels the need to separate from him, then the marriage can be annulled through the court.

Benefits and Issues:
A madman, that is, one who is mentally deranged, an insane person, a minor child, and a sleeping person—if any of them commits an act that is liable to a prescribed punishment (hadd), then there is, according to the Shari‘ah, no accountability upon them.

The meaning of the pen being lifted from these three persons is that if they make a mistake during these states, they will not be held accountable for it, because in these conditions a person is without control, and questioning without volition is meaningless. However, if someone suffers a financial loss, it must be compensated. Divorce is not a financial matter; therefore, a divorce given in these three states will not take effect, because in these conditions a person is one from whom the pen is lifted. However, the issue of divorce in a state of intoxication is disputed. The Hanafis and Malikis hold that it takes effect, while the Shafi‘is and Hanbalis hold that it does not take effect. From a fundamental perspective, divorce does not take effect in a state of intoxication because there is no intention or volition. And the punishment for intoxication is prescribed in the Shari‘ah; that punishment should be given. Divorce cannot be enforced as a punishment, because we are not authorized to add to its punishment or to combine punishments. And Allah knows best.

Takhrij:
«أخرجه أبوداود، الحدود، باب في المجنون يسرق أو يصيب حدًا، حديث:4398، والترمذي، الحدود، حديث:1423، والنسائي، الطلاق، حديث:3462، وابن ماجه، الطلاق، حديث:2041، وأحمد:1 /118، 240، 155، 158، والحاكم:2 /59 وصححه علي شرط مسلم، ووافقه الذهبي.»©Explanation:
From this hadith, it is understood that divorce (talaq) will not take effect on behalf of such people.