Continuation of the explanation of the author's statement: The statement of Ibrahim: (They used to beat us for testifying and making covenants while we were young).
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The Shaykh : Some scholars say that the testimony of young children regarding one another is accepted, because such incidents are rare, and it is unlikely that there is always a dispute among young boys who are constantly playing in the markets and encroaching on one another. So if a boy encroaches on another boy and wounds him, and all the boys who were present say, "We testify that so-and-so is the one who wounded him," and the perpetrator says, "No, you are liars," do we accept the testimony of these boys?
The student: Yes.
The Shaykh : This is subject to scholarly disagreement, if we say that reaching puberty and having intellect are conditions.
The student: It is not accepted.
The Shaykh : In that case, it is not accepted, and the meaning of that is that the crime of this man will be waived. And if we say that it is accepted, then judgment is passed regarding the crime. Some scholars said that the testimony of boys regarding one another is accepted if they testify immediately, meaning as soon as they saw it, they testified, and it was accepted. But if they testify later, it is not accepted. Why? They said, due to the possibility of forgetting or being coached. Is that right? It is possible that they forget or that they are coached, so they testify... But if it is immediate and the case is fresh, and they have not dispersed or anything, then it is accepted, and people have no choice but to act in this manner. People have no choice but to act in this manner, otherwise many rights that occur among boys would be lost. And the apparent meaning of Ibrahim's statement is that the testimony of boys is accepted from them.
And it is also derived from this report the permissibility of beating a boy for his morals, even if it is not related to prayer. As for prayer, there is a hadith regarding it, but as for morals and etiquette other than prayer, is one beaten for them?
The student: He is beaten.
The Shaykh : Yes, he is beaten for them if he does not become well-mannered except through beating. And it is established here that the educator does not guarantee what is destroyed by this discipline, with the five previous conditions.
The student: Yes.
The Shaykh : This is subject to scholarly disagreement, if we say that reaching puberty and having intellect are conditions.
The student: It is not accepted.
The Shaykh : In that case, it is not accepted, and the meaning of that is that the crime of this man will be waived. And if we say that it is accepted, then judgment is passed regarding the crime. Some scholars said that the testimony of boys regarding one another is accepted if they testify immediately, meaning as soon as they saw it, they testified, and it was accepted. But if they testify later, it is not accepted. Why? They said, due to the possibility of forgetting or being coached. Is that right? It is possible that they forget or that they are coached, so they testify... But if it is immediate and the case is fresh, and they have not dispersed or anything, then it is accepted, and people have no choice but to act in this manner. People have no choice but to act in this manner, otherwise many rights that occur among boys would be lost. And the apparent meaning of Ibrahim's statement is that the testimony of boys is accepted from them.
And it is also derived from this report the permissibility of beating a boy for his morals, even if it is not related to prayer. As for prayer, there is a hadith regarding it, but as for morals and etiquette other than prayer, is one beaten for them?
The student: He is beaten.
The Shaykh : Yes, he is beaten for them if he does not become well-mannered except through beating. And it is established here that the educator does not guarantee what is destroyed by this discipline, with the five previous conditions.