Is a teacher liable for damage to a child resulting from lawful discipline?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 2 · Bab 1

Open in Qurani

Primary text

The teacher bears no liability if he administers lawful discipline to his pupil. This position is held by Malik. The ruling is also extended by analogy to an action by the father, grandfather, judge, trustee, or guardian when they administer disciplinary beating to a male child, and the child perishes, provided the beating remains within the bounds of legitimate discipline. If the teacher administers three strikes, following the opinion of the Tabi'un and the jurists of the major cities, he is not liable. However, if he administers a severe blow that is not considered appropriate discipline for a child, he is liable because he has exceeded the proper limits in striking.

Supporting text

Al-Shafi'i and Abu Hanifa rule that the teacher is liable for damages.