“No one among you should find his wife flogging a slave and then sleep with her at the end of the day, nor should he flog her more than ten lashes,

 First: The hadith does not contain the phrase (and do not exceed ten lashes in flogging her):

It is clear that the writer of the doubt has been stripped of his scientific integrity when he closed the bracket in the first hadith after the phrase: (and do not exceed ten lashes in flogging her) to make the reader think that it is from the words of the Messenger of Allah, may Allah bless him and

grant him peace. The truth is that this is from the words of Ibn Qudamah, may Allah have mercy on him, commenting on the hadith, and the correct text of the hadith as in Bukhari is: Muhammad ibn Yusuf told us, Sufyan told us, on the authority of Hisham, on the authority of his father, on the authority of Abdullah ibn Zam’ah,
on the authority of the Prophet, may Allah bless him and grant him peace, who said: None of you should flog his wife with flogging. The slave then has intercourse with her at the end of the day

http://www.midad.me/ebook/sub/1/branch/6249/leaf/5444

The phrase (and he should not beat her more than ten times) is not found in any narration, but rather it is from the words of Imam Ibn Qudamah as we mentioned...

And since this phrase is from the words of Imam Ibn Qudamah, this does not mean beating the woman with a “whip” as the writer of the doubt is trying to mislead the reader, and this is what will be clarified in the following two points, God willing...
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Secondly: The hadith intended is the absolute prohibition of flogging (severe beating):

The absolute prohibition of severe beating is agreed upon by all scholars, as from the same words of the source from which the doubt was taken (the book Al-Mughni fi Fiqh Al-Imam Ahmad ibn Hanbal):

So he has the right to beat her, based on the statement of God Almighty: {And beat them} and the Prophet - may God bless him and grant him peace - said: {You have the right over them that you do not (And if they do so, then beat them with a beating that is not severe.) Narrated by Muslim. The meaning of “with a beating that is not severe” is not severe. Al-Khalal said: I asked Ahmad bin Yahya about his saying: “with a beating that is not severe.” He said: Not severe. And he should avoid the face and the frightening places because the aim is discipline, not destruction. Abu Dawud narrated on the authority of (Hakim bin Mu’awiyah Al-Qushayri, on the authority of his father, who said: I said: O Messenger of God, what are the rights of one of our wives over him? He said: That he feeds her when you eat, and clothes her when you clothe yourself, and that he does not insult her or abandon her except in the house.) And Abdullah bin Zam’ah narrated on the authority of the Prophet, may God bless him and grant him peace, who said: (None of you should flog his wife as he flogs a slave and then sleep with her at the end of the day, and he should not flog her more than ten lashes, because the Messenger of God, may God bless him and grant him peace, said: Do not flog her more than ten lashes, because the Messenger of God, may God bless him and grant him peace, said: Do not flog her more than ten lashes. No one shall be flogged more than ten lashes except in the case of one of the prescribed punishments of Allah. Agreed upon.

He may discipline her for neglecting the obligatory duties of Allah . Ismail bin Saeed Ahmad was asked about what it is permissible to flog a woman for. He said: For neglecting the obligatory duties of Allah. He said about a man who has a wife who does not pray: He may flog her gently, but not severely
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Third: The intended flog is not the “whip”:

Did Imam Ibn Qudamah mean by “ten lashes” that the husband has the right to flog his wife “with the whip” but less than ten?

The answer is of course no.

The question is, what is meant by “whip” in the words of Ibn Qudamah, may God have mercy on him?

Ibn Qudamah cites in his hadith on how to lash the hadd under the title: Questions: Clarification of lashing for the offenders of the hadd, the following:

In the hadith of lashing Qudamah when he drank, that Umar said: Bring me a whip. His freedman Aslam brought him a small, thin whip. Umar took it and wiped it with his hand, then said to Aslam: I am telling you, you mentioned his kinship to your family. Bring me a whip other than this one. So he brought it to him complete. Umar ordered Qudamah to be lashed if this is proven, because the whip is moderate, not new, so it wounds or creates a defect, so its pain is less because [it was narrated that a man confessed to adultery before the Messenger of God, may God bless him and grant him peace, so the Messenger of God, may God bless him and grant him peace, called for a whip. A broken whip was brought to him, so he said: More than this. So a new whip was brought, the fruit of which had not been broken, so he said: Between these two.] It was narrated by Malik on the authority of Zaid bin Aslam, without a chain of transmission, and it was narrated on the authority of Abu Hurayrah with a chain of transmission. It was narrated on the authority of Ali, may God be pleased with him, that he said: A whip of two whips and a whip of two whips. And so the whipping is moderate, neither severe so it kills nor weak so it does not deter or lift. Ahmad said: He does not show his armpit in any of the limits, meaning he does not exaggerate in raising his hand, because the aim is to discipline him, not kill him.

What is important to us in this citation is that the word “whip” does not mean the “scourge” with which he is flogged, but rather it is the tool of beating, and this may be weak so it does not hurt or wound (as is clear above), and this is what is permissible to beat with in the matter of beating the wife, because beating the wife that Allah Almighty has legislated is not for the purpose of causing pain or domination and arrogance, but rather it is a permissible beating only within very narrow limits and only for the purpose of expressing sadness or anger ( psychological beating, not physical )... and we all know that the “whip” that the Messenger used to beat was the siwak... and he said (Treat women well), so how could he order them to be flogged, may Allah bless him and grant him peace?
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I conclude the topic with this fatwa from the Islam Online website:


Title: Beating the wife between dislike and prohibition

Does the husband have the right to dominate his wife and punish her by beating her for the first mistake and for the most trivial reasons? Is permission to beat one's wife a general permission without any restrictions or conditions or is there controls and conditions?

In the name of Allah, praise be to Allah, and prayers and peace be upon the Messenger of Allah, and after ..
Marital life is based only on love and compassion, and there are many verses and hadiths that urge honoring and treating one's wife kindly, and it is not permissible to punish the wife just because of the first mistake she makes, rather advice, preaching and reminding must be given time and time again, and if she seems to insist, she should be abandoned in bed, and if that does not work, she should be beaten - if beating is effective - but not severely, avoiding the face and sensitive areas of her body, as it is an exception to the rule and in the hadith (the best of you should not beat). Beating is only permitted when it serves the woman's righteousness and integrity in order for marital life to be straight and not to be destined for disintegration and loss.

His Eminence Dr. Hussam Al-Din bin Musa Afana - Professor of Jurisprudence and its Principles at Al-Quds University in Palestine - says:
Allah the Almighty says: ( And those from whom you fear disobedience, admonish them and forsake them in bed and strike them. But if they obey you, seek no way against them. ) Surah An-Nisa / 34. Imam Al-Qurtubi said in his interpretation of this verse:Allah the Almighty says (and beat them) Allah commanded that women should begin with admonition first, then with desertion, and if that does not work, then beating, because it is what reforms her and makes her fulfill his right, and beating in this verse is a non-severe disciplinary beating .... "

There is no doubt that a husband beating his wife is permissible, and beating is one of the means of discipline, but it is not permissible for the husband to rush to beat his wife first, and he must admonish her first, and if admonition is beneficial, then good and well, and if admonition does not benefit her, then he should desert her in bed, and if desertion fails to bring her back to the right path, then he should resort to beating, and the purpose of beating is not to cause harm to the wife, such as breaking her teeth or disfiguring her face, but rather the purpose of beating is to reform the woman's condition, and the beating should not be severe, and it is also not permissible to beat the face and sensitive areas of the body.

There are hadiths that have been narrated on this, including the saying of the Prophet (blessings and peace of Allah be upon him): ( Fear Allah with regard to women, for you have taken them as a trust from Allah, and you have made their private parts lawful for you with one word Allah, and you have a right over them that they should not let anyone you dislike share your bed. If they do, then beat them, but not severely . Narrated by Muslim.
- The Prophet’s (peace and blessings of Allah be upon him) saying in the Farewell Sermon: ( Treat women well, for they are captives with you. You have no control over them except that, unless they commit a clear indecency. If they do, then leave them alone in your beds and beat them, but not severely. If they obey you, then do not seek a way against them. Be aware that you have rights over your women, and your women have rights over you. As for your right over your women, they should not let anyone you dislike share your bed, and they should not allow anyone you dislike into your houses. Be aware that their right over you is that you should treat them well in their clothing and food. ) Narrated by Al-Tirmidhi, who said: Hasan Sahih.

- Imam Al-Bukhari said: Chapter on what is disliked about beating women, and the statement of Allah the Most High (and beat them) meaning a non-severe beating. Then Al-Bukhari cited with his chain of transmission to the Prophet (peace and blessings of Allah be upon him) that he said: (None of you should beat his wife as he would beat a slave, then have intercourse with her at the end of the day).
Al-Hafiz Ibn Hajar said, commenting on the title of the chapter: It indicates that beating them is not permissible at all, rather it includes what is disliked, whether as a dislike of purification or prohibition . Fath Al-Bari 11/214.

And on the authority of Aisha (may Allah be pleased with her), she said: ( The Messenger of Allah (peace and blessings of Allah be upon him) never beat anything, neither a woman nor a servant, except when he was fighting in the way of Allah. And he was never harmed and took revenge on his companion, except when something forbidden by Allah was violated, in which case he took revenge for the sake of Allah the Almighty. ) Narrated by Muslim.
And on the authority of Abu Hurairah (may Allah be pleased with him), he said: The Messenger of Allah (peace and blessings of Allah be upon him) said: ( If one of you beats, let him avoid the face .) Narrated by Muslim.
On the authority of Muawiyah ibn Haidah, he said: I said, O Messenger of Allah, what are the rights of one of our wives over him? He said: ( That you feed her when you eat, and clothe her when you clothe yourself, and do not strike her in the face, and do not insult her, and do not desert her except in the house.) Narrated by Abu Dawud, and Al-Albani said: It is authentic.

In short, it is not permissible for the husband to beat his wife in the first place, but rather that should be after admonishment and desertion, and the beating must not be severe, because severe beating is forbidden, as mentioned previously in the hadiths. Ata’ said: “Severe beating with a siwak and the like.” Al-Hafiz Ibn Hajar said: “ If it is necessary, then the discipline should be by light beating. ” Fath Al-Bari 11/215. The husband should avoid hitting the face and sensitive areas of the body. End quote.

Dr. Murad Hoffman, a Western Islamic thinker, says:
The statement of the Qur’an that permits a man to beat a rebellious wife, which many insist on misunderstanding in most cases, is intended to preserve, protect and improve marital life, as stated in the thirty-fourth verse of Surat An-Nisa’: ( …and as for those women from whom you fear ill-treatment, admonish them and leave them alone in the beds and beat them. But if they obey you, seek no way against them. Indeed, Allah is ever High and Grand.) An-Nisa ’: 34.
The Sunnah and the established traditions all agree that what is meant here is guidance to save the entity of a marriage that is threatened with failure, and that the angry husband should not rush to divorce his wife because of her disobedience, since the most hated of permissible things to God is divorce, as is well-known in the Prophetic hadith.
Also, what is meant by beating is not hitting with the hand, whip, or any other instrument, unless that instrument does not cause any wound or bleed, in which case it is a symbol of reprimand and discipline, such as when the husband beats the disobedient wife with a towel or paper fan or something similar. A.H. And

Sheikh Issam Al-Shaar - the legal researcher on the website - says:
The permission for beating the wife is not absolute, but rather it is restricted to her rebellion, and that it is useful in reforming and correcting her. Rebellion means going beyond the obligatory obedience, and it is not considered rebellion unless she shows insistence on disobeying the husband and opposing him by refusing to fulfill his rights and leaving his house without his permission, and the like of what is required of her. And as the jurists said, the husband must admonish his wife in a way that softens her heart to accept obedience and avoid evil. If admonition does not help, he should abandon her in bed. If abandonment does not help, it is permissible for the husband to beat her with a non-severe beating, which does not break a bone or disfigure a limb. Beating the wife is not absolute in this case, but rather it is restricted to the husband’s belief that it will most likely help in disciplining her. If he thinks it will not help, then it is not permissible for him to beat her.

Rather, it came in the book Ahkam al-Quran by Ibn al-Arabi - the Maliki jurist - (Ata - one of the jurists of the followers - said: He should not beat her even if he orders her and forbids her and she does not obey him, but he should be angry with her. The judge said: This is from the jurisprudence of Ata, for from his understanding of the Shariah and his standing on the places of ijtihad, he knew that the command to beat here is a command of permission, and he stood on the dislike from another way in the saying of the Prophet, may God bless him and grant him peace, in the hadith of Abdullah bin Zam’ah: {I dislike for a man to beat his female slave when he is angry, and perhaps he will sleep with her that day .} Ibn Nafi’ narrated from Malik from Yahya bin Saeed “that the Messenger of God, may God bless him and grant him peace, was asked permission to beat women, so he said: Beat, and the best of you will not beat.” So he permitted it and urged people to stop. And in estrangement there is the utmost good manners. What I have is that men and women are not equal in that; for a slave may be beaten with a stick, and a gesture is sufficient for a free man; and among women, and even among men, there are those who are not held back except by good manners. If a man knows that, he can discipline him, but if he leaves it, that is better. Some of them said that when he was asked, “How bad is your son’s discipline?” he said, “I do not like my son to be upright while my religion is corrupt.
” It is said, “Part of a master’s good character is his slave’s bad character.” If Allah, the Almighty, does not send a man a righteous wife and an upright slave, then his affairs with them will not be upright unless part of his religion is lost, and this is seen and known through experience. If they obey you after abandoning and disciplining them, then do not seek a way against them.
Beating leads a person to make a mistake if he exceeds the limit permitted by the Sharia, especially since it is usually a reaction to the soul and a response to an action and not intended to discipline.

As for severe beating, the Lawgiver has forbidden it even if it is to improve and upright the wife. It was stated in the commentary of Al-Dasouqi by Ibn Arafah Al-Maliki (Severe beating is not permissible even if the husband knows that she will not stop her disobedience except by him. If it happens, she has the right to divorce him and to exact retribution).

The stages of discipline in the case of a disobedient wife are then preaching and reminding her of Allah, followed by desertion, then beating if it helps in improving and straightening her. One should not move to the next stage unless the previous one was ineffective.
Abdullah bin Abbas (may Allah be pleased with him) said that if the wife obeys her husband in bed, then he has no right to beat her.

Ibn Jurayj narrated on the authority of Ata’ who said: “ A non-severe beating with a siwak or the like .” Saeed said on the authority of Qatadah: “ A beating that is not shameful .” The Prophet (blessings and peace of Allah be upon him) said: “ The example of a woman is that of a rib; when you try to straighten her out, you break it, but let her enjoy herself .”
Al-Hasan said: “And beat them.” He said: “A beating that is not severe and that does not affect.”

It was proven that the Prophet, may God bless him and grant him peace, said: “O people, you have rights over your women, and your women have rights over you. You have rights over them that they should not let anyone you dislike share your bed, and they should not commit a clear indecency. If they do, then God Almighty has permitted you to forsake them in bed and beat them, but not severely. If they desist, then they are entitled to their provision and clothing in a reasonable manner .”
This is evidence that a rebellious woman is not entitled to maintenance or clothing, and that indecency is vulgarity, not adultery, as the scholars have said. The Prophet, may God bless him and grant him peace, explained the beating and explained that it should not be severe, meaning that it should not show any trace on the body, meaning a wound or fracture.

Finally, married life is a home for the spouses and it is not right except with love and mercy, but life with its consequences and worries is not free from trouble. If the wind of life blows with what disturbs the serenity of married life, then each of the spouses must be gentle with the other until they reach the shore of salvation. With love, mercy and dialogue based on mutual respect from both parties, there is true happiness and there will be nothing that calls for discord. How beautiful is what the Messenger of God, may God bless him and grant him peace, taught us: (God Almighty is kind and loves kindness and gives for it what He does not give for harshness).

In the hadith narrated by Al-Darqutni: “If Allah wants good for a family, He gives them understanding of religion, respects their young and old, provides them with gentleness in their living, moderation in their spending, and makes them see their faults so that they repent from them. If He wants otherwise for them, He leaves them neglected.” And according to
Al-Tabarani, the Prophet (peace and blessings of Allah be upon him) said: “The people of a family are not given gentleness except that it benefits them.”
And in Sahih Muslim, the Prophet (peace and blessings of Allah be upon him) said: “Be gentle, for gentleness is not found in anything except that it adorns it, and it is not removed from anything except that it disfigures it.”
And in the hadith also: “ If Allah loves the people of a family, He introduces gentleness into them .”
And Allah knows best.


Source
: http://www.islamonline.net/servlet/S...=1122528619658