woman disobeys her husband, he may strike her a strike that is not severe. The apparent meaning of this is the permissibility of striking her at the first instance, due to the saying of God Almighty: "And strike them." And because she has explicitly stated her refusal, he has the right to strike her, just as if she persisted. And because the punishments for sins do not differ by repetition or lack thereof, like the hadd-punishments. The rationale for al-Khiraqi’s view is that the intended purpose is to deter her from the sin in the future, and that which is of this nature should be approached by the easiest, then the next easiest, like one whose house is invaded and he wants to remove the invader. As for His saying: "As for those women from whom you fear rebellion," the verse, it contains an elliptical structure; its appraisal is: "As for those women from whom you fear rebellion, admonish them; if they rebel, forsake them in the sleeping places; if they persist, strike them," as He, the Glorified, says: "Indeed, the penalty for those who wage war against God and His Messenger and strive upon the earth [to cause] corruption is that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land" [5:33]. That which points to this is that He organized these punishments upon the fear of nushuz; and there is no disagreement that he does not strike her for fear of nushuz before she manifests it. Regarding Al-Shafi’i, there are two views like these. If she is not deterred by admonition and forsaking, he may strike her, due to His saying: "And strike them." And the Prophet (may God bless him and grant him peace) said: "You have rights over them, that they should not let anyone you dislike tread upon your bed; if they do that, strike them with a strike that is not severe." Narrated by Muslim [10]. The meaning of "not severe" is that it is not violent. Al-Khallal said: I asked Ahmad ibn Yahya about his saying: "a strike that is not severe," and he said: "Not violent." He must avoid the face and vulnerable areas; because
(7) In B and M: "al-man'" (the refusal). (8) Omitted from: B and M. (9) Surah Al-Ma'idah: 33. (10) In: Chapter on the Pilgrimage of the Prophet (may God bless him and grant him peace), from the Book of Hajj. Sahih Muslim 2/890. It was also extracted by Abu Dawud in: Chapter on the Description of the Pilgrimage of the Prophet (may God bless him and grant him peace), from the Book of Rituals. Sunan Abi Dawud 1/442. Al-Tirmidhi, in: Chapter on What Has Been Related Regarding the Rights of a Woman Over Her Husband, from the Book of Nursing (Radha'). Aridat al-Ahwadhi 5/111. Ibn Majah, in: Chapter on the Right of a Woman Over the Husband, from the Book of Marriage. And in: Chapter on the Pilgrimage of the Messenger of God (may God bless him and grant him peace), from the Book of Rituals. Sunan Ibn Majah 1/594, 2/1025. Al-Darimi, in: Chapter on the Sunnah of the Pilgrim, from the Book of Rituals. Sunan al-Darimi 2/48. And Imam Ahmad, in: Al-Musnad 5/73. It is part of the long Hadith of Jabir, which was previously cited in: 5/156.