Does striking a wife include biting, strangling, or tearing her hair to cause pain?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a husband swears an oath not to strike his wife, and then bites her, strangles her, or tears her hair in a manner that causes pain with the intent of causing harm, the oath is broken (Hanth). This is the position held by Abu Hanifa and supported by the majority, including Mujahid, Sa'id ibn Jubayr, al-Zuhri, Qatada, Rabi'ah, Malik, Abu 'Ubayd, and the companions of Ray' (Ashab al-Ra'y). The evidence for this view is based on common usage, where 'striking' (darb) encompasses any physical act causing pain, similar to mutual striking (tadārub), even without an instrument. Unlike verbal abuse (shatm), physical acts cause bodily pain.
Supporting text
Al-Shafi'i held that no breaking of the oath occurs because biting or strangling is not typically termed 'striking,' similar to abusive speech which pains the heart but not the body. A narration attributed to Ahmad supports this view, suggesting that in cases like swearing, 'If I do not strike you today, you are divorced,' the oath is not broken by biting or pinching, relying on the husband's intent regarding the definition of 'striking'.