What is required to fulfill an oath to strike someone with ten lashes using a single bundle of palm branches (dighth)?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Fulfilling an oath to strike someone ten times with a bundle of palm branches ('dighth') is not achieved by striking only once with that bundle. The jurists supporting this view argue that the intent of the oath is ten distinct strikes, and striking once does not meet that requirement, similar to swearing to strike ten times with a whip but only striking once. If one swears to strike ten times with one whip, they fulfill the oath by striking ten times with that single whip because the whip acts as the instrument representing the source of the action, equating to ten distinct actions. The exception granted to Prophet Ayyub (Job) regarding striking his wife once with a bundle of 100 stalks was a specific dispensation from Allah due to kindness and not a general ruling.
Supporting text
Malik and the Ashab al-Ra'y concur with the primary ruling. Ibn Hamid cited Ahmad's opinion regarding a sick person liable to Hadd punishment, where striking with a bundle of palm branches suffices to remove the punishment. Al-Shafi'i agrees if it is known that the bundle touched the entire body. If one swears to strike with ten bundles of lashes and combines them to strike once, the oath is fulfilled because the action sworn upon was performed. If one swears to strike ten times and strikes once with ten bundles, they do not fulfill the oath because the specific action sworn to was not performed. There is a differing view among Al-Shafi'i's companions that fulfilling an oath to strike ten times by striking once with ten bundles suffices, but this is incorrect as it is considered one strike using multiple instruments.