for this reason and others. If it is carried out in his workplace, school, or the like, it will be less public than elsewhere. Yet the author’s wording indicates that this is permissible. It is not permissible, however, in a mosque, because the Prophet, peace and blessings be upon him, said to the Bedouin who urinated in the mosque: “The mosques were built only for the remembrance of Allah Almighty, the recitation of the Quran, and prayer.” (1)
Mosques are built for remembrance and obedience, not for carrying out prescribed punishments. Moreover, if the prescribed punishment is carried out in a mosque, the person may cause harm—for example, he may become frightened and relieve himself. There may also be shouting and speech that is improper and unfitting for a mosque. Thus, carrying out a prescribed punishment in a mosque is prohibited both by textual evidence and by sound reasoning.
If we wish to carry out a prescribed punishment, how should it be carried out, and with what instrument?
“A man is to be struck while standing when a prescribed punishment is carried out, with a whip that is neither new nor worn out. He is not to be laid down, tied up, or stripped; rather, he should have one shirt or two shirts upon him, …”
The author said: “A man is to be struck while standing when a prescribed punishment is carried out,” meaning that he is not to be seated or lying down; rather, he is to be struck while standing. But the blows must reach him, not merely his clothing. If his garment prevents the blows from reaching him, this does not constitute striking and is of no benefit. Rather, he must be made to stand and then struck.
His words, “with a whip,” mean not with a hammer. A whip is a cane, a stick, or something similar; it must not be made of something hard, such as iron.
His words, “neither new nor worn out”: a new whip is hard, while an old, worn-out whip is brittle; it may break or crumble, such that no real blow is delivered. Rather, it should be a whip of moderate condition—neither new nor worn out.