The Meaning of the Hadith: “No one is to be flogged with more than three lashes except in a hadd (fixed punishment) from the hudud of Allah”

The questioner : If you mention again that the school of thought does not increase beyond ten in the case of ta’zir. Yes. I said it is authentic, or for that reason, and there is a hadith regarding it, so I will not ask you about its authenticity.

The Shaykh : All right. The Prophet (peace and blessings be upon him) said, “There is no ta’zir beyond a certain amount.” No, he did not say that. He said, “No one is to be flogged with more than ten lashes except in a hadd from the hudud of Allah.”

The questioner : This is it, and it is authentic.

The Shaykh : And all of this will come up in the author's discussion of hudud (the fixed Qur'anic punishments) and ta'zir (discretionary punishment). However, there is a difference of opinion regarding the meaning of the exception in the hadith, except in one point: Is the intended meaning "except in the case of a sin"? That is, sins are the limits of Allah, , and the intended meaning of this hadith is that you may apply ta'zir (discretionary punishment) for bad treatment toward you, or bad manners in the house, such as if you say to your son, "My son, wait for the guests," and he ignores you, then you may beat him with less than ten strokes. But in the case of a sin among the sins, the intended purpose is discipline and refinement, even if it involves more than ten strokes. This is the answer, and it is correct.