nor worn out so that its pain is lessened; for it is narrated that a man confessed to adultery in the presence of the Messenger of Allah (peace and blessings of Allah be upon him). The Messenger of Allah (peace and blessings of Allah be upon him) called for a whip, and a broken whip was brought to him. He said: "One better than this." Then a new whip whose end had not been broken was brought to him. He said: "Between these two." Narrated by Malik, from Zayd ibn Aslam, in a mursal (disconnected) report. It is also narrated from Abu Hurayrah in a musnad (connected) report. It is narrated from Ali, may Allah be pleased with him, that he said: "A strike between two strikes, and a whip between two whips." Thus, the striking should be of a medium nature; it should not be so severe that it kills, nor so weak that it fails to deter. He should not raise his arm all the way up, nor should he keep it low such that it does not inflict pain. Ahmad said: "He should not expose his armpit in any of the legal punishments," meaning he should not exaggerate in raising his arm, for the purpose is to discipline, not to kill.

1602 - Issue: He said: (The woman is to be struck while sitting, and her hands are to be held so that she is not exposed.)

Abu Hanifah, al-Shafi'i, and Malik held this view. Ibn Abi Layla and Abu Yusuf said: She should be punished while standing, just as she does in the case of li'an (imprecation). Our argument is what was narrated from Ali, may Allah be pleased with him, that he said: "The woman is struck while sitting, and the man while standing." Moreover, a woman is 'awrah (intimate), and her sitting is more concealing for her. It differs from li'an, as that does not lead to the exposure of the 'awrah. Her garments are to be tightened upon her so that nothing of her 'awrah is exposed during the striking.