Explanation of Riyad al-Salihin-84b
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, the Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions.
He (may Allah have mercy on him) mentioned in the context of the hadiths in "The Chapter on the Prohibition of Torturing the Slave, the Beast, the Woman, and the Child Without a Legitimate Reason"
From Ibn Mas'ud al-Badri (may Allah be pleased with him), who saidRiyad as-Salihin 1604 And in a narration Riyad as-Salihin 1604 And in a narration Sahih Muslim 1659c or Muslim narrated it with these narrations
And from Ibn 'Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) saidSahih Muslim 1657b Muslim narrated it
And from Hisham ibn Hakim ibn Hizam (may Allah be pleased with them both)Riyad as-Salihin 1606 Muslim narrated it
And from Ibn 'Abbas (may Allah be pleased with them both), who saidRiyad as-Salihin 1607 Muslim narrated it
And from him that the Prophet (peace and blessings be upon him)Sunan al-Bayhaqi 10:659 Muslim narrated it
And in a narration by Muslim alsoMishkat al-Masabih 4077 "
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
These are the hadiths that al-Nawawi (may Allah have mercy on him) cited in his book Riyad al-Salihin in the chapter on the prohibition of torturing animals, slaves, children, and others whom a person tortures. The purpose of punishment is reform, not the purpose of causing pain and suffering. Therefore, it is not permissible for a person to beat as long as the child can be disciplined without beating. If discipline cannot be achieved except by beating, then he may beat. And if he beats, he must beat without causing severe pain. Remember the saying of Allah the Mighty and Majestic regarding women:[An-Nisa 4:34] He placed beating in the third position, and the purpose of beating is discipline, not reaching the point of causing pain and suffering.
The author mentioned hadiths, among them the hadith of Abu Mas'ud al-Badri (may Allah be pleased with him) that he and he did not understand what was being said because of the intensity of his anger. The one speaking was the Messenger of Allah (peace and blessings be upon him and his family) meaning, remember the power of Allah the Mighty and Majestic, for He is more capable of you than your power over this slave. To this points Allah the Mighty and Majestic in the verse we mentioned: [An-Nisa 4:34] When he saw that it was the Prophet (peace and blessings be upon him) and he was reminded with this great admonition that Allah is more capable of him than his power over this slave, the stick fell from his hand out of awe of the Messenger of Allah (peace and blessings be upon him). Then he freed the slave. This is from his good understanding (may Allah be pleased with him), for Allah the Exalted says: [Hud 11:114] So instead of mistreating this slave, he did him good by freeing him. For this reason, the Prophet (peace and blessings be upon him) guided to this, stating that whoever beats his slave or slaps him, the expiation for that is to free him, because good deeds erase bad deeds.
Then he mentioned the hadith of Hisham ibn Hakim ibn Hizam (may Allah be pleased with them both) regarding the story of those imprisoned for the kharaj (land tax). They were the Nabataeans, and they were called Nabataeans because they extract water, meaning they bring it out. They were farmers in Sham, and they had a kharaj (land tax) on them, and it seems they did not pay it, so the governor punished them with this great punishment: he placed them in the sun in the intense heat and poured oil on their heads, because the heat of the oil intensifies with the sun. This is a great, painful, and agonizing torture. So Hisham (may Allah have mercy on him) entered, and Hisham (may Allah be pleased with him) went to the governor and informed him, and the governor released them and set them free.
In this is evidence of the good conduct of the Salaf (may Allah be pleased with them) in advising the rulers. They approach the ruler and advise him. If he reforms, that is the desired outcome. If he does not reform, the advisor is free from blame, and the responsibility falls on the ruler. But the rulers who fear Allah the Mighty and Majestic, when they are reminded of the verses of their Lord, do not turn away from them deaf and blind. This ruler took a lesson and ordered their release. This indicates that torture reaching this level is not permissible.
Also, among the hadiths mentioned by the author is branding on the face. Branding animals on the face is forbidden and is one of the major sins, because the Prophet (peace and blessings be upon him) cursed the one who did this.
Branding is a form of cauterization; the animal is cauterized to serve as a mark. Therefore, it is derived from the word "sima" (mark). The people of livestock take a mark for themselves; every tribe has a specific brand, whether two lines, a square line, a circle, or a crescent. The important thing is that every tribe has a specific brand. This branding preserves the livestock; if a lost animal is found, people know it belongs to that tribe and inform them. It is also evidence in a claim. If a person finds a beast with his brand in the hand of another person and claims it is his, this is evidence indicating the truth of his claim, strengthening the claim of the claimant. It is one of the matters established in the Sunnah, for the Prophet (peace and blessings be upon him) used to brand the zakat camels, and the caliphs after him did the same.
But branding is not permissible on the face, because the face is not to be beaten, branded, or disfigured. It is the beauty of the beast. Where should the brand be? The brand should be on the neck, on the shoulder, on the thigh, or in any part of the body except the face.
In this is evidence that if a person sees something whose doer is cursed, and he says, "May Allah curse the one who did this," there is no sin on him. If we find a beast branded on the face and we say, "May Allah curse the one who branded it," there is no harm. But we do not say, "So-and-so, son of so-and-so." We say, "May Allah curse the one who branded it," as the Prophet (peace and blessings be upon him) said.
Similarly, if we see filth in the street, meaning excrement, and we find it in the street, we may say, "May Allah curse the one who defecated here," because the Prophet (peace and blessings be upon him) says: May Allah guide us and you to what He loves and is pleased with, and make us among His righteous, reforming servants who are guided.
The questioner : ...
The Shaykh : Yes, cauterization with fire is permissible because it is a minor matter and has a benefit.
Praise be to Allah, the Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions.
He (may Allah have mercy on him) mentioned in the context of the hadiths in "The Chapter on the Prohibition of Torturing the Slave, the Beast, the Woman, and the Child Without a Legitimate Reason"
From Ibn Mas'ud al-Badri (may Allah be pleased with him), who said
I was beating my slave with a whip when I heard a voice behind me which said: "Abu Mas'ud! Bear in mind..." I did not recognize the voice for the intense anger I was in. Abu Mas'ud added: As he came near me, I found that he was the Messenger of Allah (ﷺ) who was saying, "Abu Mas'ud! Bear in mind that Allah has more dominance upon you than you have upon your slave." Then I said: "I will never beat any slave in future."
كنت أضرب غلاما لي بالسوط فسمعت صوتا من خلفي اعلم أبا مسعود فلم أفهم السوط من الغضب فلما دنا مني إذا هو رسول الله صلى الله عليه وسلم فإذا هو يقول اعلم أبا مسعود أن الله أقدر عليك منك على هذا الغلام فقلت لا اضرب مملوكا بعده أبداThe whip dropped from my hand in awe of the Prophet (ﷺ).
فسقط السوط من يدي من هيبتهI said: Allah's Messenger, I set him free for the sake of Allah. Thereupon he said: Had you not done that, (the gates of) Hell would have opened for you
فقلت يا رسول الله هو حر لوجه الله فقال أما لو لم تفعل للفحتك النارThe Fire would have touched you.
لمستك النارAnd from Ibn 'Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said
He who beats a slave without cognizable offence of his or slaps him (without any serious fault), then expiation for it is that he should set him free.
من ضرب غلاما له حدا لم يأته أو لطمه فإن كفارته أن يعتقهAnd from Hisham ibn Hakim ibn Hizam (may Allah be pleased with them both)
It has been narrated that Hisham bin Hakim bin Hizam (May Allah be pleased with them) happened to pass by some (non-Arab) farmers of Syria who had been made to stand in the sun, and olive oil was poured on their heads. He said: "What is the matter?" He was told that they had been detained for the non-payment of Jizyah. (Another narration says that they were being tortured for not having paid Al-Kharaj). Thereupon Hisham said: "I bear testimony to the fact that I heard the Messenger of Allah (ﷺ) saying, 'Allah will torment those who torment people in the world."' Then he proceeded towards their Amir and reported this Hadith to him. The Amir then issued orders for their release.
أنه مر بالشام على أناس من الأنباط وقد أقيموا في الشمس وصب على رؤوسهم الزيت فقال ما هذا قيل يعذبون في الخراج وفي رواية حبسوا في الجزية فقال هشام أشهد لسمعت رسول الله صلى الله عليه وسلم يقول إن الله يعذب الذين يعذبون الناس في الدنيا فدخل على الأمير فحدثه فأمر بهم فخلواAnd from Ibn 'Abbas (may Allah be pleased with them both), who said
The Messenger of Allah (ﷺ) saw an ass which had been branded on the face. He disapproved of it. Upon this Ibn 'Abbas (May Allah be pleased with them) said, "By Allah, I shall not brand (the animal) but on a part at a distance from the face." Ibn 'Abbas (May Allah be pleased with them) then commanded branding on the hips; he was the first person to brand the animals on hips.
رأى رسول الله صلى الله عليه وسلم حمارا موسوم الوجه فأنكر ذلك فقال والله لا أسمه إلا أقصى شيء من الوجه وأمر بحماره فكوي في جاعرتيه فهو أول من كوى الجاعرتينAnd from him that the Prophet (peace and blessings be upon him)
He passed by a donkey that had been branded on its face and said, “May Allah curse the one who branded it.”
مر عليه حمار قد وسم في وجهه فقال لعن الله الذي وسمهAnd in a narration by Muslim also
God’s messenger forbade striking the face and branding on the face
نهى رسول الله صلى الله عليه وسلم عن الضرب في الوجه وعن الوسم في الوجهThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
These are the hadiths that al-Nawawi (may Allah have mercy on him) cited in his book Riyad al-Salihin in the chapter on the prohibition of torturing animals, slaves, children, and others whom a person tortures. The purpose of punishment is reform, not the purpose of causing pain and suffering. Therefore, it is not permissible for a person to beat as long as the child can be disciplined without beating. If discipline cannot be achieved except by beating, then he may beat. And if he beats, he must beat without causing severe pain. Remember the saying of Allah the Mighty and Majestic regarding women:
But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them
واللاتي تخافون نشوزهن فعظوهن واهجروهن في المضاجع واضربوهنThe author mentioned hadiths, among them the hadith of Abu Mas'ud al-Badri (may Allah be pleased with him) that he
He was striking a slave of his when he heard a voice from behind saying, “Abu Mas’ud.”
كان يضرب غلاما له فسمع صوتا من الخلف يقول أبا مسعودHe said, “O Abu Mas’ud, do you not know that Allah is more powerful over you than you are over this boy?”
فقال يا أبا مسعود ألم تعلم أن الله أقدر عليك من قدرتك على هذا الغلامBut if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.
فإن أطعنكم فلا تبغوا عليهن سبيلا إن الله كان عليا كبيراIndeed, good deeds do away with misdeeds
إن الحسنات يذهبن السيئاتThen he mentioned the hadith of Hisham ibn Hakim ibn Hizam (may Allah be pleased with them both) regarding the story of those imprisoned for the kharaj (land tax). They were the Nabataeans, and they were called Nabataeans because they extract water, meaning they bring it out. They were farmers in Sham, and they had a kharaj (land tax) on them, and it seems they did not pay it, so the governor punished them with this great punishment: he placed them in the sun in the intense heat and poured oil on their heads, because the heat of the oil intensifies with the sun. This is a great, painful, and agonizing torture. So Hisham (may Allah have mercy on him) entered, and Hisham (may Allah be pleased with him) went to the governor and informed him, and the governor released them and set them free.
In this is evidence of the good conduct of the Salaf (may Allah be pleased with them) in advising the rulers. They approach the ruler and advise him. If he reforms, that is the desired outcome. If he does not reform, the advisor is free from blame, and the responsibility falls on the ruler. But the rulers who fear Allah the Mighty and Majestic, when they are reminded of the verses of their Lord, do not turn away from them deaf and blind. This ruler took a lesson and ordered their release. This indicates that torture reaching this level is not permissible.
Also, among the hadiths mentioned by the author is branding on the face. Branding animals on the face is forbidden and is one of the major sins, because the Prophet (peace and blessings be upon him) cursed the one who did this.
Branding is a form of cauterization; the animal is cauterized to serve as a mark. Therefore, it is derived from the word "sima" (mark). The people of livestock take a mark for themselves; every tribe has a specific brand, whether two lines, a square line, a circle, or a crescent. The important thing is that every tribe has a specific brand. This branding preserves the livestock; if a lost animal is found, people know it belongs to that tribe and inform them. It is also evidence in a claim. If a person finds a beast with his brand in the hand of another person and claims it is his, this is evidence indicating the truth of his claim, strengthening the claim of the claimant. It is one of the matters established in the Sunnah, for the Prophet (peace and blessings be upon him) used to brand the zakat camels, and the caliphs after him did the same.
But branding is not permissible on the face, because the face is not to be beaten, branded, or disfigured. It is the beauty of the beast. Where should the brand be? The brand should be on the neck, on the shoulder, on the thigh, or in any part of the body except the face.
In this is evidence that if a person sees something whose doer is cursed, and he says, "May Allah curse the one who did this," there is no sin on him. If we find a beast branded on the face and we say, "May Allah curse the one who branded it," there is no harm. But we do not say, "So-and-so, son of so-and-so." We say, "May Allah curse the one who branded it," as the Prophet (peace and blessings be upon him) said.
Similarly, if we see filth in the street, meaning excrement, and we find it in the street, we may say, "May Allah curse the one who defecated here," because the Prophet (peace and blessings be upon him) says:
Beware of the three curses: relieving oneself in water sources, on the main road, and in shaded places.
اتقوا الملاعن الثلاث البرازة في الموارد وقارعة الطريق والظلThe questioner : ...
The Shaykh : Yes, cauterization with fire is permissible because it is a minor matter and has a benefit.