Section

If a man disciplines his child, a ruler his subjects, or a teacher his pupil, and does not exceed proper limits, he is not liable for any harm resulting from it. But if the discipline is administered to a pregnant woman and she miscarries her fetus, the one who disciplined her is liable for it. ................

This section is based on a principle: “What results from an authorized act entails no liability, whereas what results from an unauthorized act entails liability.” This is among the finest principles of fiqh.

His statement: “If a man disciplines his child, a ruler his subjects, or a teacher his pupil, and does not exceed proper limits, he is not liable for any harm resulting from it.”

From his statement, “If a man disciplines his child,” we understand four conditions.

His statement, “disciplines”: discipline means correction and refinement. One says, “I disciplined him,” meaning, “I corrected and refined his character.” Thus, the word “disciplines” entails three conditions:

First: the child must deserve discipline; that is, he must have done something for which discipline is deserved. If he strikes him without cause, he is liable.

Second: the child must be receptive to discipline. If he is not receptive—such as one who has not yet attained discernment, or one who has no sound mind, namely, an insane person—then discipline is of no benefit to him. Rather, disciplining him constitutes wrongdoing.

Third: the disciplinarian must intend discipline, not personal retaliation. If he intends personal retaliation, then he is not a disciplinarian but one seeking vengeance; in that case, he is liable for whatever results from his action.

Many people strike their children severely, not because he has neglected