Narrated Abu Burda Al-Ansari: I heard the Prophet saying, "Do not flog anyone more than ten stripes except if he is involved in a crime necessitating Allah's legal Punishment."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
According to our Imam Ahmad ibn Hanbal rahimahullah and all the Ahl al-Hadith, in ta'zir (disciplinary punishment), more than ten lashes should not be administered. The Hanafis have differed in this matter.
They have said that ta'zir can be given up to one less than the minimum prescribed limit (hadd), that is, up to thirty-nine lashes for a slave, since the hadd is forty lashes.
Our evidence is the ahadith which Imam al-Bukhari rahimahullah has mentioned here, and the Hanafis too should abandon the statement of their Imam in this matter and act upon the authentic hadith.
Their Imam has given such an instruction as well.
Abu Burdah al-Ansari radi Allahu anhu participated in the second pledge of Aqabah along with seventy Ansar.
He took part in the Battle of Badr and all subsequent battles. He is the maternal uncle of al-Bara' ibn Azib radi Allahu anhu. He passed away childless during the era of Mu'awiyah.
His name is Hani ibn Niyar.
Radi Allahu anhu wa ardah.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6850
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
These ahadith require that the maximum limit for discretionary punishment (ta'zir) is ten lashes.
The whip should not be so hard that it tears the skin upon striking, nor so soft that the punishment is not considered a penalty.
The one administering the punishment should also adopt moderation.
A man should be punished while standing, and a woman while sitting.
It is permissible for a man's body to be uncovered, but a woman's body should be covered; however, the clothing should not be so thick that it lessens or completely nullifies the effect of the punishment.
(2)
According to some of the noble Imams, more than ten lashes may be given as ta'zir, but the preferred opinion is that, according to the hadith, ta'zir should not exceed ten lashes.
(3)
These ahadith do not establish the obligation of ta'zir, but rather its permissibility.
This is why the Messenger of Allah (sallallahu alayhi wa sallam) was informed of certain matters that were punishable, yet he did not say anything to them. For example:
A man had intercourse with his wife during the day in Ramadan while fasting, but the Prophet (sallallahu alayhi wa sallam) did not impose any bodily punishment on him besides the expiation (kaffarah). Likewise, a man did everything with a woman except intercourse, but the Prophet (sallallahu alayhi wa sallam) only instructed him to repent and seek forgiveness, and did not impose any punishment beyond that.
(4)
Ta'zir can take various forms, such as:
Imprisonment, exile, and boycotting in greeting and conversation, etc. All these forms were practiced by the Messenger of Allah (sallallahu alayhi wa sallam).
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6850
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
حَطَمَهُ النَّاسُ:
This is an Arabic idiom: حَطَمَ فُلاناً اَهْلُهُ:
His family broke him down, meaning he became weakened due to being preoccupied with their affairs.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1708