Bukhari

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.

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).

Hadith Commentary: Benefits and Issues:
From this hadith, it is understood that in the case of discretionary punishment (ta'zir), more than ten lashes cannot be administered. This is the opinion of Imam Ishaq and Layth, and one narration from Imam Ahmad also supports this view. According to Imam Abu Hanifah, Malik, Shafi'i, and another narration from Ahmad, more than this number of lashes can be given as ta'zir, but there is disagreement regarding the maximum amount.

(1)
According to Imam Abu Hanifah and Imam Muhammad, more than thirty-nine lashes cannot be administered, whether the person is free or a slave. This is also one narration from Imam Shafi'i and Imam Ahmad. According to Imam Shafi'i, a slave cannot be given more than nineteen (19) lashes. According to Ibn Abi Layla and Abu Yusuf, since the minimum prescribed punishment (hadd) is eighty (80) lashes, ta'zir cannot exceed this number. See al-Mughni, vol. 12, p. 524; Fath al-Bari, vol. 12, p. 220.

And according to one narration from Imam Ahmad, as quoted by Ibn Qudamah, in every crime, the limit of its category should be considered. For example, if ta'zir is for the crime of illicit intercourse (wati), it should be less than one hundred lashes so that it remains less than the hadd for adultery (zina). If it is for slander other than zina, then ta'zir should be less than eighty (80) lashes. According to Imam Malik, the authority of ta'zir lies with the Imam or the judge appointed by him, so he can give whatever punishment he deems appropriate according to the severity or leniency of the crime, even more than the prescribed hadd. This is also one narration from Abu Thawr and Abu Yusuf. The evidences from the Companions radi Allahu anhum that these Imams have used as proof, in reality, pertain to cases where an act deserving of hadd was committed, but it could not be established through testimony or confession, or the perpetrator was unaware or ignorant, but the matter was established through circumstantial evidence and signs, though not proven by some other means.

According to Hafiz Ibn Taymiyyah and Hafiz Ibn Qayyim, the meaning of this hadith is that for disobedience and sin against Allah, up to ten lashes can be given, but for breaking personal and human laws, more than ten lashes cannot be administered. For example, if a person disobeys his father or teacher, then for discipline and admonition, more than ten lashes cannot be given. Or, according to Hafiz Ibn Hajar, for minor sins, more than ten lashes cannot be given, but for major sins, more than ten lashes can be administered. (Fath al-Bari, vol. 12, p. 220)

Because the term "hadd" also applies to disobedience and sin against Allah, as Allah the Exalted says:
﴿تِلْكَ حُدُودُ اللَّـهِ فَلَا تَعْتَدُوهَا﴾ (Surah al-Baqarah: 229)
"These are the limits set by Allah, so do not transgress them."
That is, it is Allah's command; do not disobey Him.