第八个证据
The Eighth Daleel
Al-istishaab
Al-istishaab
其定义:
Its definition:
"istishaab"(伊斯提夏布)在语言上的含义是(陪伴/相随)。人们说你"Istishabta"某种情况或状态,是指你坚守着它不放。"Istishaab"(伊斯提夏布)也指寻求陪伴并坚持与之相守。
Al-Istishaab linguistically means (to accompany/associate). It is said that you ‘Istishabta’ a condition or state (of being) if you held on to it. And Al-Istishaab is (also) the seeking of companionship and remaining firm upon it.
根据usool学者的观点,关于"Al-Istishaab"(istishaab,持续原则)
Al-Istishaab in accordance to the scholars of Usool:
这是根据某件事过去已被确认,从而对其现在的状况作出确认的判断,即"Hukm"(判定)。
It is the Hukm (judgement) by affirming a matter in the present time based upon its affirmation in the past.
对此的解释如下:
The explanation of that:
凡是已确定存在的事物,之后对其是否仍然存在产生怀疑,则原则是它仍然存在(即保持原状)。例如,一个人基于女子是处女而与她结婚,之后在与她发生性关系后声称她并非处女,那么除非有有效的证据(Bayyinah),否则此说法不被采信。这是因为原本的状态是处女之身,因为这一点自她出生之时起便已被确认并成立。因此,她的处女状态会一直伴随(Istishaab)她直至她结婚之时。
In respect to every matter that was confirmed to be present and then doubt occurs in respect to it no longer being present, then the origin is that it remains (in presence). So for example, the one who marries upon the basis that the woman was a virgin and then claims after having relations with her that she was not will not be believed except by a Bayyinah (valid testimonial proof/evidence). That is because the original position is that of virginity because that was affirmed and established since the time of her birth. As such her being a virgin accompanies (Istishaab) her until the time that she marries.
另一个例子涉及这样一种人:已知其生存,因此在没有证据表明相反情况之前,就判定其仍然存活。
Another example relates to the one who is known to have been alive and so is judged to be remaining alive as long as a Daleel does not exist establishing the contrary to that.
凡是某事物的不存在已为人所知,之后对其存在产生怀疑,那么其根本原则(Al-Asl)就是不存在的状态持续不变。
Every matter about which its non-existence is known and then doubt arises in respect to its existence, then the origin (Al-Asl) is the continuance of the condition of non-existence.
比如,有人购买一条狗,依据是这条狗擅长打猎,之后却声称自己发现这条狗并未受过训练,那么他的说法被采信。这是因为原则(Asl)是:狗从出生起就没有受过打猎训练,因此这种“不存在”或“缺失”的状态依据Istishaab(持续性原则)仍然保持不变。
For example, if someone purchases a dog upon the basis that the dog is skilled in hunting and then claims after that that he discovered that the dog had not been trained, he is believed. That is because the Asl (origin) is that the dog has not been trained to hunt from its birth and as such the non-existence or absence remains as Istishaab.
同样,如果有人声称自己已与某女子结婚,而该女子否认此说,那么在没有提供合法证据(Bayyinah)证明这一点之前,依据“Istishaab”(持守原状原则),他的说法不被采信。这是因为基本的原则(Asl)是婚姻的不存在。
Similarly, if a person claims that he has married a woman and she denies his claims, he is not believed, upon the basis of Istishaab, as long as he does not produce a Bayyinah (legitimate evidence) to prove that. That is because the Asl (origin) is the non-existence of the marriage.
同样的原则适用于所有事务:原有的状态会持续有效,直到有证据(Daleel)证明相反的情况。
The same applies in all matters where the origin continues to remain until a Daleel establishes the contrary to that.