"And one should not strike with such force as to split the skin, and the strikes should be distributed over the body, avoiding the head, the face, the private parts, and the vital organs."
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The Shaykh : He (may Allah have mercy on him) said: "And one should not strike with such force as to split the skin". One should not strike with an excessive force that is limited to splitting the skin; however, there is no harm in striking with a force that does not split the skin. In fact, as we will see, if Allah wills, that is what is obligatory.
Exaggeration is of two types: exaggeration that splits the skin, which is forbidden, because the purpose is not to wound the man or tear his skin. Rather, the purpose is for him to taste the pain of the skin so that he may be disciplined. For this reason, the author qualified it by saying: "And one should not strike with such force as to split the skin". Is "whereby" (hitha) here built or inflected?
The questioner : It is built.
The Shaykh : And what is the evidence that it is built? That it is built on the damma (vowel) with the entry of the preposition.
Now, he says: "And one should not strike with such force as to split the skin, and the strikes should be distributed over the body". This is also among the etiquettes of carrying out the hadd (fixed punishment): that the strikes be distributed over his body. Why? Because if they are in one place, the pain is confined to that place, and the rest of the body remains without pain. Secondly, if the strikes are on one spot, that spot suffers severe pain, and the blood in it may be corrupted, and it may become injured in the future. Therefore, we say: distribute the strikes over the back, the shoulders, the thighs, the shins, and the feet, as appropriate. As for concentrating them on one spot, this is contrary to the etiquettes of carrying out the hadd. However, there are places where carrying out the hadd is not permissible. He said: "And the head, the face, the private parts, and the vital organs are to be avoided". Four things. "Avoided" means to be shunned. The face, because the Prophet (peace and blessings be upon him) forbade striking the face and forbade disfiguring the face, because Allah the Exalted created Adam in His image. If Allah created him in the image He cared for, perfected, and made beautiful, then striking it causes it to be scratched and changed, even though Allah the Exalted made the most beautiful part of a human being his face. For this reason, He created him in the image He chose and intended from among the rest of the body. So do not disfigure it. It is not said, "May Allah disfigure your face." How can Allah disfigure it when He attributed it to Himself, in His image which He (Mighty and Majestic) cared for and created beautifully? For this reason, the Prophet (peace and blessings be upon him) forbade striking the face. The head is also to be avoided. How is the head avoided? It means the head is not struck on the skin. Why? Because the pain of striking the head is severe, as there is no flesh to protect it from the blow. Thus, the blow reaches the bone, causing pain, and its healing may be delayed. Therefore, it is not struck. The private parts are also to be avoided: the man's private part and the woman's private part, because that harms them, and it may kill the man. If the blow falls on the testicles, a person may die. Therefore, striking the private parts must be avoided.
And the vital organs, such as what? The location of the liver, or the location of the heart, or the location of the kidneys. Yes, these places are to be avoided because the purpose is not to destroy the one upon whom the hadd is carried out. However, if the striking is ta'zir (discretionary punishment) and not a hadd, there is no harm in striking a person on his head, just as if a man slaps his son on the head. It is narrated from 'Umar (may Allah be pleased with him) that he struck a man on the head until he bled. Yes, this indicates that striking the head in other than the hadd is permissible. As for the hadd, the skin is tight there, so it causes harm and is therefore avoided.
So, what is avoided in striking, then, how many things? Four things: the face, the head, the private parts, and the vital organs. As for the face, there is evidence for it and a reason. The rest have reasons.
Exaggeration is of two types: exaggeration that splits the skin, which is forbidden, because the purpose is not to wound the man or tear his skin. Rather, the purpose is for him to taste the pain of the skin so that he may be disciplined. For this reason, the author qualified it by saying: "And one should not strike with such force as to split the skin". Is "whereby" (hitha) here built or inflected?
The questioner : It is built.
The Shaykh : And what is the evidence that it is built? That it is built on the damma (vowel) with the entry of the preposition.
Now, he says: "And one should not strike with such force as to split the skin, and the strikes should be distributed over the body". This is also among the etiquettes of carrying out the hadd (fixed punishment): that the strikes be distributed over his body. Why? Because if they are in one place, the pain is confined to that place, and the rest of the body remains without pain. Secondly, if the strikes are on one spot, that spot suffers severe pain, and the blood in it may be corrupted, and it may become injured in the future. Therefore, we say: distribute the strikes over the back, the shoulders, the thighs, the shins, and the feet, as appropriate. As for concentrating them on one spot, this is contrary to the etiquettes of carrying out the hadd. However, there are places where carrying out the hadd is not permissible. He said: "And the head, the face, the private parts, and the vital organs are to be avoided". Four things. "Avoided" means to be shunned. The face, because the Prophet (peace and blessings be upon him) forbade striking the face and forbade disfiguring the face, because Allah the Exalted created Adam in His image. If Allah created him in the image He cared for, perfected, and made beautiful, then striking it causes it to be scratched and changed, even though Allah the Exalted made the most beautiful part of a human being his face. For this reason, He created him in the image He chose and intended from among the rest of the body. So do not disfigure it. It is not said, "May Allah disfigure your face." How can Allah disfigure it when He attributed it to Himself, in His image which He (Mighty and Majestic) cared for and created beautifully? For this reason, the Prophet (peace and blessings be upon him) forbade striking the face. The head is also to be avoided. How is the head avoided? It means the head is not struck on the skin. Why? Because the pain of striking the head is severe, as there is no flesh to protect it from the blow. Thus, the blow reaches the bone, causing pain, and its healing may be delayed. Therefore, it is not struck. The private parts are also to be avoided: the man's private part and the woman's private part, because that harms them, and it may kill the man. If the blow falls on the testicles, a person may die. Therefore, striking the private parts must be avoided.
And the vital organs, such as what? The location of the liver, or the location of the heart, or the location of the kidneys. Yes, these places are to be avoided because the purpose is not to destroy the one upon whom the hadd is carried out. However, if the striking is ta'zir (discretionary punishment) and not a hadd, there is no harm in striking a person on his head, just as if a man slaps his son on the head. It is narrated from 'Umar (may Allah be pleased with him) that he struck a man on the head until he bled. Yes, this indicates that striking the head in other than the hadd is permissible. As for the hadd, the skin is tight there, so it causes harm and is therefore avoided.
So, what is avoided in striking, then, how many things? Four things: the face, the head, the private parts, and the vital organs. As for the face, there is evidence for it and a reason. The rest have reasons.
