It may be inferred [that the same rule applies] to the adornment of chainmail, the hauberk, the helmet, the khuff (leather sock), and the ra'n (17); because it is (18) of the same nature. It was said to Abu 'Abd Allah: 'What about the frame of a mirror being made of silver, or the head of a kohl container being made of silver, and similar items?' He replied: 'Anything that is used like the frame of a mirror, I dislike, because it is being used [as an object of utility]; for the mirror is lifted by its frame.' Then he said: 'This is merely an interpretation I have derived myself.'

Section: None of that is permissible if it is made of gold, although it has been reported that the pommel of a sword is permissible [if made of gold]. Ahmad said: 'It has been reported that 'Umar had a sword that contained ingots of gold.' Al-Tirmidhi (19) narrated with his chain of transmission from Mazida al-'Asari that he said: 'The Messenger of Allah (may the peace and blessings of Allah be upon him) entered on the day of the Conquest, and there was gold and silver on his sword.' He [al-Tirmidhi] said: 'This is a gharib (rare) hadith.' Gold is not permitted in anything else except out of necessity, such as a nose made of gold, or that with which he binds (20) his teeth if they become loose. Abu Bakr said: 'A small amount of gold is permitted, by way of analogy to silver, because it is one of the two precious metals (al-thamana), so it resembles the other.' This has been mentioned (21) in another place.

1609 - Issue; He said: "And he shall not reach the hadd (prescribed punishment) in tazir (discretionary punishment)."

Tazir is the punishment legislated for a crime for which there is no hadd, such as a partner having intercourse with a shared slave-woman, or his own married slave-woman, or his son's slave-woman, or having intercourse with his wife in her anus or during her menses, or having intercourse with a non-mahram woman without [penetration of] the vagina, or stealing less than the nisab (threshold amount), or [stealing] from a place other than a protected one (hirz), or plunder, or extortion, or snatching, or inflicting an injury upon a person that does not entail (1) qisas (retaliation) or blood money (diyah), or insulting someone in a manner that does not constitute qadhf (false accusation of adultery). Things similar to this are called tazir, because it prevents the crime. The root meaning of tazir is prevention, and from this is tazir in the sense of support (nusrah), because it prevents his enemy from harming him. There is disagreement regarding its measure according to Ahmad; it was reported from him that it shall not exceed ten lashes, and Ahmad specified this in several places. This is also the opinion of Ishaq, due to what was narrated by Abu Burda, who said: 'I heard the Messenger of Allah (may the peace and blessings of Allah be upon him) say: "No one shall be whipped more than ten lashes, except in a hadd punishment from the hudud of Allah the Exalted." Agreed upon (2). The second report is: "He shall not reach the hadd with it." This is what al-Khiraqi mentioned (3), so it is possible that he intended that he does not reach the lowest prescribed hadd with it. This is the opinion of Abu Hanifa and al-Shafi'i. According to this, he shall not reach forty lashes with it, because that is the hadd of the slave for drinking wine and for qadhf, and this is the opinion of Abu Hanifa. If we say that the hadd for wine is forty, then he shall not reach twenty lashes for a slave and forty for a free person; this is the view of al-Shafi'i. Thus, the slave shall not be lashed more than nineteen, and the free person not more than thirty-nine lashes (5). Ibn Abi Layla and Abu Yusuf said: 'The lowest of the hudud is eighty, so one shall not exceed seventy-nine in tazir.' It is possible that the words of Ahmad and al-Khiraqi imply that one does not reach a legislated hadd for the same category of crime, but it is permissible to exceed the hadd of a different category. It has been reported from Ahmad that which points to this. Based on this, regarding that which is caused by sexual intercourse, it is permitted to lash him up to ninety-nine lashes, to remain below the hadd for zina; and for that which is caused by other than intercourse, he shall not reach the lowest hadd, due to what was reported from al-Nu'man ibn Bashir regarding the one who had intercourse with his wife's slave-woman with her permission, that he (7) is lashed one hundred (8). This is tazir, because it is in the case of a muhsan (free, sane, adult, married Muslim), and his hadd...