a noble quality that he had instructed him to uphold, but because the child defied and disobeyed him; so he strikes him in revenge for himself and out of anger.

Fourth: his statement, “his child.” This includes both male and female, since the Arabic term for “child” includes both. Allah, Exalted is He, says:

“Allah instructs you concerning your children: for the male, a share equal to that of two females.”

And He says:

“And for his parents, each one of them is a sixth of what he leaves, if he has a child.” [al-Nisa 4:11]

His statement, “his child,” is a possessive construction that entails a particular right. From this, it is understood as a condition that he must have legal authority over the child. If he has no legal authority over him, then he has no right to strike him; and if anything results from striking him, he is liable, because he has no right to do so. An example is a maternal grandfather who disciplines his daughter’s children: their discipline is not his responsibility, but their father’s.

From his statements, “his subjects” and “his pupil,” it is understood that the disciplinarian must have the authority to discipline; otherwise, he is liable.

His statement, “or a ruler disciplines his subjects”: there is likewise no liability, provided that the four preceding conditions are observed. When scholars use the term “ruler” without qualification, they mean the supreme head of the state. It may also refer to someone below him: namely, one vested with authority. Thus, it includes a governor, a market inspector, and the like, for they have authority over those under their jurisdiction.

For example, a governor’s authority extends over the town to which he has been appointed, and likewise the market inspector over the town to which he has been appointed. Thus, the better way to define what is meant by “ruler” is: one who holds authority over the person whom he disciplines, whether that ruler is