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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Requesting clarification of the hadith: “No one is to be flogged with more than ten lashes except in a hudud case…” in light of some discretionary punishments that may exceed this number

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Question:
He says: Honorable Shaykh, may Allah grant you success, I would like clarification of the hadith of the Prophet (peace and blessings be upon him), which is
No more than ten lashes are to be given except when inflicting one of the Hudud (prescribed punishments) of Allah.لا يجلد فوق عشره اسواط الا في حد من حدود الله
Bulugh al-Maram 10:52
, since some discretionary punishments may exceed this number; what is the explanation for that?

Answer:
This is a matter of discussion among the scholars. Some say that discretionary punishment does not exceed five lashes, acting on the apparent meaning of this hadith. Others say that it is permissible to increase the discretionary punishment according to the public benefit, or according to what serves as a deterrent, even if it exceeds five lashes. The statement of the Prophet (peace and blessings be upon him) regarding a “hudud” case means a case of disobedience to Allah. As for discipline in matters other than disobedience, such as discipline to clarify what is best or proper etiquette, or the like, this falls within the limit of five lashes. However, if the matter involves disobedience to Allah, the number is increased beyond five until the person is deterred. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [328 -521] أرجو توضيح حديث«لا يجلد فوق عشرة أسواط إلا في حد..»مع وجود بعض التعزيرات التي قد تتجاوز.. — youtube.com

The Arabic text is a machine transcription of the audio recording.

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