Unacceptable punishment for weaker people

Author: 
Edited by Adil Salahi, Arab News Staff
Publication Date: 
Fri, 2002-07-12 03:00

We have spoken earlier about the treatment of slaves in Islam. We have pointed out that although slavery is no longer practiced in the world, the Prophet’s guidance with respect to the treatment of slaves is still relevant, because it applies to the treatment of all vulnerable groups, particularly servants.

In our discussions, we have pointed out in which cases it is permissible to punish a slave physically and when it is forbidden to do so. We also highlighted the Prophet’s guidance that if a slave deserves physical punishment, he or she must not be hit on the face. The question arises: What are the consequences of such punishment?

For the answer we refer to this story told by a man named Zathan, who belonged to the generation that followed the Prophet’s companions. He was a highly respectable reporter. He relates that he once attended Abdullah ibn Omar, a companion of the Prophet highly renowned for his scholarship. Abdullah called in a slave of his whom he had beaten up earlier. He uncovered the slave’s back and asked him whether he felt any pain. The slave answered in the negative. Abdullah ibn Omar told him that he was free. He then picked up a small wood stick from the ground and said: “I do not earn the equivalent of this small stick of reward for setting him free.” I asked him why he said that. He answered: “I have heard the Prophet (peace be on him) saying: ‘A person who beats up his slave for no sin he has committed, or slaps him on the face, should set him free in compensation’.” (Related by Muslim, Abu Dawood, and Al-Bukhari in Al-Adab Al-Mufrad)

It is important to point out here that Abdullah ibn Omar was one of those companions of the Prophet who did their best to follow his example and obey his orders. Whenever he learned something from the Prophet, he implemented it without hesitation. He was a man who realized that following the Prophet’s example in every sense, taking his orders at face value and implementing them to the best of his ability, was the surest way to heaven. It is not surprising, therefore, that Abdullah ibn Omar was exemplary in his conduct and that many people valued his company because he was a living example of how Islam should be practiced.

In order to understand the significance of this story, it should be pointed out that Abdullah ibn Omar could have never beaten up his slave for revenge or when he was in an outrage. He was not a person of hot temper who flew in an outrage at every provocation. Indeed, he was the opposite of that. He was a very conscientious person who considered his actions carefully. Nor is it to be imagined that he might have beaten up his slave for no reason. He could only have beaten him up for a clear fault he must have committed. It may also be understood from the story that Abdullah ibn Omar learned later that the slave was not at fault or he might have thought that the punishment was much severer than the slave’s fault deserved. Hence, he wanted to make amends. He set that slave free.

Another point of significance is that Abdullah ibn Omar did not want his attendants to give him more credit for his action than he deserved. Hence, he makes it clear how much reward he expects for setting that slave free. To him, there could not be any more than the little weight of a wood stick, which he has picked up from the ground.

His argument is that since the Prophet has specified freedom for the slave as compensation for beating him up unjustly or slapping him on the face, then the compensation merits no reward. It simply wipes off the effects of the earlier action which is not allowed in Islam. We know that setting a slave free is a benevolent action which earns rich reward. We also know that it is prescribed as compensation for a number of grave sins. This shows the gravity with which Islam views the improper action of beating a slave who has committed no grave sin or slapping him on the face.

The question arises here whether it is obligatory to set a slave free once he or she is slapped on the face by his or her master or mistress. In order to determine the answer we need to look at the following Hadith which is given in different versions. One version is reported by Hilal ibn Yassaf who mentions that he was selling cloth in the home of Suwaid ibn Muqarren, a companion of the Prophet, when a slave woman came to a man and told him something, upon which the man slapped her on her face. Suwaid said to him: “Have you slapped her? I remember when I was one of seven brothers and we had only one servant. One of us slapped her and the Prophet commanded him to set her free.” (Related by Muslim, At-Tirmithi and Al-Bukhari in Al-Adab Al-Mufrad.)

Another version is reported by Muawiyah, the son of Suwaid ibn Muqarren. He mentions that a slave who belonged to his family ran away after he himself had slapped him on the face. He goes on to say: “I came back before noon and offered the midday prayer in congregation with my father. When we had finished, my father called in the slave and called me. He said to the slave: ‘Punish him as he had punished you.’ We were seven children of the Muqarren family and we had one servant. One of us slapped her on her face, and that was related to the Prophet (peace be on him). He said to the person who reported the incident to him: ‘Bid them to set her free’. The Prophet was told that we had no servant other than her. He then said: ‘Let her serve them until they can do without her, when they should set her free’.” (Related by Muslim, Al-Bukhari in Al-Adab Al-Mufrad and Abu Dawood)

The third version of this Hadith mentions that when Suwaid ibn Muqarren saw a man slapping a slave of his on his face, he told him: “Are you not aware that it is forbidden to slap anyone on the face? I remember when I was one of seven brothers at the time of the Prophet, and we had only one servant. One of us slapped him on the face and the Prophet (peace be on him) ordered us to set him free.” (Related by Muslim, Al-Bukhari in Al-Adab Al-Mufrad, Abu Dawood and At-Tirmithi.)

Perhaps we should point out first that it is sufficient for a Hadith to be related by Muslim in order to classify it as highly authentic. Moreover, when a Hadith is related in more than one version, that increases its authenticity. We note that all three versions of this Hadith which we have quoted are related by Muslim and Al-Bukhari in Al-Adab Al-Mufrad, as well as by other famous compilers of the Prophet’s Hadiths. Hence, no shred of doubt can be entertained about its authenticity.

Scholars agree that this Hadith sets the desired compensation for slapping a slave or beating him up for no reason. That compensation is setting him free. They also agree that it is not compulsory to do so. This opinion is based on the fact that when it was pointed out to the Prophet that those seven brothers did not have any other slave or servant, he allowed them to continue to benefit by the service of their slave woman until such a time when they were able to set her free. We also note that the Prophet’s reaction left a very strong impression on the minds of those brothers. Suwaid ibn Muqarren related this story every time an occasion arose. Moreover, when his own son was guilty of the same practice, he called in the slave who was slapped by his son and gave him a chance to avenge himself. No one would have acted in the same way unless he viewed the matter very seriously. Suwaid wanted his son not to commit an offense without having to pay the proper compensation. Hence, his willingness to allow the slave to slap him back.

Reflection on this Hadith makes it abundantly clear that a person must never slap anyone on the face, simply because that person is in a vulnerable position which makes him unable to retaliate. If a slave must not be slapped on the face for any reason, this applies in a much stronger measure to an ordinary servant. While a servant may be reproached for improper conduct, a slap on the face is too severe a punishment for any such conduct. There are other effective methods of discipline which Islam approves. A Muslim must not exceed these and commit what is forbidden.

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