the defilement of a lowly person through theft. This is why the fornication of a grey-haired man and the arrogance of a poor man are more serious than the fornication of a young man and the arrogance of a wealthy man. How, then, could this noble man steal or commit fornication?!
His statement, “The prescribed punishment is due only from one who has reached puberty,” means that the prescribed punishment is due only when certain conditions are met:
First: he must have reached puberty. Thus, the prescribed punishment is not due from one who has not reached puberty. Puberty is attained through one of three matters: the emission of semen, the growth of pubic hair, or reaching the age of fifteen years. The evidences for this have previously been mentioned in the chapter on legal interdiction.
Once a person has reached puberty, the remaining conditions are considered before the prescribed punishment is carried out against him. As for one who has not reached puberty, no prescribed punishment is due from him, even if he commits fornication or steals, on account of the hadith: “The Pen has been lifted from three …” (1), and because he is not legally fit for punishment, as he lacks fully sound intent: his understanding is incomplete and his capacity for conduct is incomplete. This is why Allah prohibited handing over their property to them, lest they squander it.
This does not mean, however, that a child is not subject to discretionary discipline; rather, he is disciplined. Discretionary discipline is distinct from a prescribed punishment. Hence the Prophet, peace and blessings be upon him, said: “Command your children to pray when they are seven, and strike them for it when they are ten” (2). He thus commanded that they be struck before puberty. Discretionary discipline is one matter, and carrying out a prescribed punishment is another.
Accordingly, if a child commits an act of fornication, we do not say, “He is a child; no prescribed punishment is due from him, so leave him alone.” Rather, he must be disciplined in a manner that deters him and others like him from such an act. Likewise, if he steals, he is not to be left alone; indeed, even if he damages something less serious than that, he is not to be left without discretionary discipline.