Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-09b

The reciter: Abdullah ibn Yusuf narrated to us, al-Layth narrated to us, Yazid ibn Abi Habib narrated to me, from Bakir ibn Abdullah, from Sulayman ibn Yasar, from Abd al-Rahman ibn Jabir ibn Abdullah, from Abu Burdah (may Allah be pleased with him), who said: The Prophet (peace and blessings be upon him) used to say:

The Shaykh : His statement, "Chapter on the amount of ta'zir and discipline," requires that we know the meaning of ta'zir. Ta'zir is used in the sense of support and in the sense of discipline. An example of its use in the sense of support is the statement of Allah the Exalted: meaning "you support them." And an example of its use in the sense of discipline is what is common among the scholars of knowledge: ta'zir is discipline. And the author's statement: "and discipline" is an example of appending the like to its like, as the poet said:
So they both agreed that her statement was a lie and a deception.
And if ta'zir means discipline, is it obligatory, recommended, or does it depend on public benefit?
There are three opinions on this. One opinion is that it is recommended. Another opinion is that it is obligatory, and that it is obligatory for the imam to impose ta'zir for every sin that does not have a hadd or an expiation. The second opinion is that it depends on public benefit, and this is the correct opinion. If public benefit requires that ta'zir be imposed, it becomes obligatory. If public benefit requires that ta'zir not be imposed, ta'zir is prohibited. If the two are equal, let him seek guidance from Allah (Mighty and Majestic) whether to impose ta'zir or not. And since ta'zir is discipline, the scholars have said that it is obligatory for every sin that has no hadd and no expiation. For every sin that has no hadd and no expiation, ta'zir is imposed upon it. A sin is either the omission of an obligatory act or the commission of a forbidden act. For the omission of an obligatory act, ta'zir is imposed and repeated until the person performs the obligatory act, because the objective is to rectify the situation. For a forbidden act, ta'zir is not repeated; what has occurred is sufficient, unless the sin is committed again. As for what has an expiation, ta'zir is not imposed upon it, relying on the expiation. And what has a hadd, ta'zir is not imposed upon it, relying on the hadd. Likewise, for qisas, ta'zir is not imposed upon it, relying on the qisas.
Then the author (may Allah have mercy on him) cited the hadith of Abu Burdah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: His statement: is a statement of prohibition in the form of a statement. And his statement: , the scholars differed regarding the meaning of "hadd." It was said that it means the punishment, because "hadd" is used for punishment, as in the hadith of Abd al-Rahman ibn Awf in the presence of the Companions, where he said: . It was also said that the meaning of "hadd" is the prohibitions of Allah, meaning that no one is to be flogged with more than ten lashes except in the prohibitions. As for what is for discipline regarding a common matter, one is not to be flogged with more than ten lashes. The difference between the two opinions is clear. If a man held a man and hit him, or took his money, or did something similar, or held a woman and kissed her and did everything except intercourse, then if we say that "hudud" means the prohibitions of Allah, it is permissible to impose ta'zir on this man who did what he did to the woman up to eighty or ninety lashes. Why? Because he committed a prohibition from the prohibitions of Allah. This is if we say that hudud are the prohibitions. But if we say that hudud are the punishments, then this man who did what he did to the woman is not to be flogged except nine or ten lashes according to the second opinion. The correct view is that the meaning of "hudud" is the prohibitions of Allah. So what is a common violation, one does not exceed ten lashes in it. And what is a religious violation, it is necessary that he be flogged with a flogging that achieves ta'zir. It is known that if we imposed ta'zir on the man who did what he did to the woman, as I mentioned to you, and flogged him ten times, this would not achieve discipline, would it? No, he would go out and do it to another woman; ten lashes are nothing to him. As for common matters, he is flogged for them up to nine or ten times, and no more is added. For example, if a man says to his son: "My son, sit in the assembly, and if someone asks permission, give them permission," and the son hears a commotion in the market of boys playing ball, so he goes out to them and leaves the assembly, then his father comes to hit him, what do we tell him? Do not exceed ten lashes.