Regarding beating female servants

The full narration is lengthy so let us take a look at the relevant paragraph from it

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue , i.e. she is insolent. He said: Then divorce her. I Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl

The full context indicates that this was a way of explaining or conveying the message of not beating the wife. It also does not encourage beating of slave girls.

Al-Khattabi states: Hallowayy It forbids severe beating like the beating of the slaves by the one who beats them and makes wrong use of his authority with regards to them. And the similitude of beating the slaves does not mean permissibility of beating them. The mention of it is made by the way of condemnation of their deeds and it prohibit imitating the same. Verily the Prophet (¿) has prohibited the beating of the slaves except by the way of prescribed punishments (hudood) and he has ordered to be kind towards them -Ma'alim Al Sunan

Likewise as-Sindi states: And the similitude is not provided in order to denote the permissibility of beating the slaves rather it was utilized because it was general practice (i.e. in seventh century Arabia) for slaved to be beaten -Hashia 'Ala Musnad The statement was spoken as a similitude and the beating of slave was mentioned as an example. If one were to say that so- and-so treats his friends like animals, this would mean that he treats them poorly and would not indicate as to how he treats animals. Perhaps this person is very nice towards animals; the statement is a figure of speech. Similarly, not treating ones wife as a slave-girl is to be understood in like manner.

Another narration found in al-bukhari but ibn hajar said جلد العبد means مثل جلد العبد that is a metaphor because the pre Islamic people used to flog there slaves. Ibn hajar then continues on to quote narration where it says مثل or like Fathul bari Sharhu Sahih al-bukhari volume 15 page number 604 explaining hadith number 5204

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Translation:

Ibn Qudamah said in al-Mughni: He has the right to discipline his male and female slave if they sin, by reprimanding and light beating, just as he disciplines his son and his wife for disobedience, and he does not have the right to strike him for no sin, nor to severely beat him even if he sinned, nor to slap him in the face, and it was narrated on the authority of Ibn Muqrin al-Muzani that he said You saw me as the seventh of seven, we have only one servant, so one of us slapped her, so the Prophet, may God’s prayers and peace be upon him, commanded us to set her free, so we set her free. And it was narrated on the authority of Abi Masoud, he said: I was beating a boy of mine, and then a man behind me said: Know Aba Masoud, know Aba Masoud. Uh. Ibn Muflih said in al-Furu’: Harb reported – meaning on the authority of Imam Ahmad: He should not strike him except for a sin after he had forgiven him once or twice, and he should not strike him severely. And Hanbal said: He does not strike him except for a grave sin, because he, may God’s prayers and peace be upon him, said: If a female slave of one of you commits adultery, let him flog her. And he ties him up if he fears for him, and beats him without hurting him. The apparent meaning of this narration agrees with what was previously chosen by our sheikh. And others transferred: It is not restricted and sold, more beloved to me. And Abu Dawud transmitted: He is disciplined in his duties and if he carries him as much as he can bear. Abu Dawud and Al-Tirmidhi narrated from the hadith of Ibn Omar that a man said: O Messenger of God, how much should we forgive a servant? So he was silent, then he repeated the words to him, so he was silent, and when he was at the third, he said: I pardon him seventy times every day. A good hadith. This hadith was authenticated by Al-Albani.

Regarding sunan Abū Dāwūd 1818, this is a weak narration which was weakned by al-Arnā’ūt (d. 1436 AH) and al-Albānī (d. 1419 AH) because of the inaccuracy of the chain due to ibn ʾIsḥāq tadlīs.

════════════════ Moreover an important jurists explanation in the ḥanbalī school of jurisprudence imām al-Buhūtī (d. 1051 AH) writes:

❝(And there is no retaliation against him for striking him in the face) due to the hadith narrated by Ibn ‘Umar in which the Prophet ﷺ said, "Whoever strikes his servant, his expiation is to set him free." (Narrated by Muslim) Nor is there a specific compensation, nor is equivalence with a blow to the face or the like permissible. Instead, the expiation is to free the slave, as mentioned earlier regarding manumission. (And he should not revile) the Muslim master (his unbelieving parents, nor should he use obscene language or engage in foul talk) ❞

—> [Kas͟hāf al-Qīnāʿ | 5/492] ════════════════

Malik reported:

أَنَّ عُمَرَ بْنَ الْخَطَّابِ رضي الله عنه أَتَتْهُ وَلِيدَةٌ قَدْ ضَرَبَهَا سَيِّدُهَا بِنَارٍ أَوْ أَصَابَهَا بِهَا فَأَعْتَقَهَا

Umar ibn al-Khattab, may Allah be pleased with him, was presented with a servant woman who had been struck by her master with a piece of hot iron or had been injured by it, so he ordered him to emancipate her.

Source: al-Muwaṭṭa’ 2/403

Al-Shawkani comments on this tradition, saying:

ذَهَبَ مَالِكٌ وَالْأَوْزَاعِيُّ وَاللَّيْثُ إلَى عِتْقِ الْعَبْدِ بِذَلِكَ وَيَكُونُ وَلَاؤُهُ لَهُ وَيُعاقبُهُ السُّلْطَانُ عَلَى فِعْلِهِ

Malik, Al-Awza’i, and Al-Layth adhered to the opinion that a slave is freed on account of that abuse, he will have his loyalty inheritance, and the authorities will punish the master for what he did.

Source: Nayl al-Awṭār 6/101

Even small indignities, by comparison, were morally disapproved by the companions. The Caliph Umar once severely rebuked a man who forced his servants to stand while he sat to eat.

Ibn Abbas reported: Umar ibn al-Khattab, may Allah be pleased with him, passed by some people one day who were eating while their servants were standing. Umar said, “Why do I not see your servants eating with you? Do you not desire them?” A man said, “No, by Allah, O leader of the faithful. Rather, we have preference over them.” Umar became very angry, then he said:

ما لقومٍ يستأثرون على خُدَّامهم فَعَلَ الله تعالى بهم وفَعَلَ

What is the matter with people who prefer themselves over their servants? Allah Almighty will deal with them and it is done!

Source: Musnad al-Fārūq 582