Hujjiyat（有效性的证明）Al-istishaab（伊斯提斯哈卜）及其用于推论的证据
Hujjiyat (proof Of Validity Of) Al-istishaab And The Adillah For Utilising It
1 ——已确立的裁决（Hukm Ath-Thaabit）在过去已经存在，只要没有确认该裁决已经改变，它就会持续有效。这是因为，由确定性（Yaqeen）确立的事情，只能通过确定性才会消失。
1 – The Hukm Ath-Thaabit (established ruling) in the past remains as longs as the change of that Hukm has not been confirmed. That is because the matter established by certainty (Yaqeen) does not go away except by certainty.
因此，若有人为礼拜而做了吾海（Wudoo’），之后对于吾海是否已被破坏产生怀疑，他可以凭其吾海继续礼拜，只要他愿意礼拜。这是因为有传述说，一个人带着怀疑来到安拉的使者ﷺ面前，说：“那人觉得自己礼拜中似乎有某种事情发生了。”他ﷺ说：
So the one who makes Wudoo’ for the Salaah and then has doubt in respect to breaking the Wudoo’, prays with his Wudoo’ as much as he wishes to pray. That is because it has been related that a man came to the Messenger of Allah (saw) with doubt and said: “The person perceives that something happens in his Salaah”. He (saw) said:
“他不会离开，直到他听到声音或闻到气味”（穆斯林辑录）。
“He does not (with emphasis) leave until he hears a sound or finds a smell” (Related by Muslim).
因此，一件已被确定存在的事情，其持续或延续，优先于其不存在的状态，而对其产生的怀疑并不能将其除去。这正是圣训所指引的，先前的 Wudoo’（小净）的 Istishaab（推定持续）不会因当下的怀疑（Shakk）而被除去，而是仍然存在。之后，如果此人确定发生了使其无效的事情，那么它便不再存在。
Therefore, the continuance or remaining of a matter that has been determined to be present remains predominant over its absence whilst doubt in respect to it does not remove it. This is what the Hadeeth of the Messenger of Allah (saw) has guided to and as such the Istishaab of the Wudoo’ from the past is not removed by doubt (Shakk) in the present but rather it remains present. Then if the person is certain about the occurrence of that which invalidates it, it is no longer present.
2 – 安拉的使者ﷺ说：
2 – The Messenger of Allah (saw) said:
“我只是一个人，你们把争端带到我这里来。或许其中有人比另一方更能言善辩，因而我认为他说的是实话，便据此判决对他有利。所以，凡是我因此而判给他本应属于穆斯林的权利，那么他所得的，只不过是一块火狱之火。”ﷺ（《布哈里圣训集》）
“Verily I am only a man and disputes are presented before me. So it might be that some of them are more eloquent than others and so I believe him to be truthful and judge in his favour. So the one whom I have judged in his favour at the expense of a Muslim’s right then it will only be a piece of the hell-fire…” (Al-Bukhari)
这一段确立了依据表象作出裁决的原则，即依据争议中所听到的情况来判断。所谓"表象"，是指某事物过去已经确定了其判决，因此现在的判决也必须与表象相符。如果有人声称与表象相反的主张，那么他必须提出证据来支持其主张；否则，该事物在判决方面仍保持其过去的状态，这便是"истиṣḥāb"（istishaab，持续原则）的实质。它是指以某事物过去已被确认为依据，来对该事物在现在作出裁决。
This establishes passing judgment upon what is apparent i.e. that which is heard in the dispute. The apparent matter is that which the Hukm of a matter has been confirmed for it in the past and so the Hukm must be in accordance to what is apparent. If someone then claims the contrary to what is apparent, then he must bring a Daleel that supports his claim. Otherwise the matter stays as it was in the past in respect to the Hukm and this represents the reality of Al-Istishaab. It is the passing of judgment upon a matter in the present based upon its affirmation (or having been established) in the past i.e. previously.
3 – 如果某件事物、某种性质或某个事物在过去已被确立或证实，其存在状态，且其消失并未显现，那么依据必然性（Daroorah），就必须认为它在现在仍然存续，与此前一样。这是指在涉及沙里艾律例（Ahkaam Ash-Shar'iyah）时，以臆测（Zhann）为依据是必须的，而沙里艾律例建立在优势臆测（Ghalabat Azh-Zhann，即最可能的情况）之上，并且伊斯提沙卜（Al-Istishaab）是指：基于该事物在过去已被确立和证实，将其律例延续适用于现在。
3 – If that which has been established or confirmed in the past in terms of the existence of a matter, description or thing, and its disappearance has not become apparent, then it is necessary by Daroorah (necessity) for to be thought (Zhann) to be remaining in the present time, as it had been before that. This is in the case where working with Zhann in respect to the Ahkaam Ash-Shar’iyah is Waajib in the case where the Ahkaam Ash-Shar’iyah are built upon Ghalabat Azh-Zhann (preponderance/what is most likely) and where Al-Istishaab represents passing the Hukm upon the matter in the present based upon its confirmation and having been established in the past.
这三件事表明，Istishaab（延续原则）是一条可以加以运用的“Qaa'idah Shar'iyah”（沙里亚原则）。这意味着可以在它的基础上进行分支推演（At-Tafree'）。因此，对于那些其存在或实有已被确认、而其消失却未被证明的事物，其继续存在便是占优的推断（Ghalaba 'Alaa zh-Zhann）。
These three matters represent a Daleel for the Istishaab being a ‘Qaa’idah Shar’iyah’ that is to be utilised. This means that it is permissible for branching (At-Tafree’) to take place upon it. Consequently, in regards to that which its presence or existence has been established or affirmed and its disappearance has not become apparent, then its remaining or continuance is preponderant (Ghalaba ‘Alaa zh-Zhann).
因此，就伊斯兰教法而言，不存在废止（An-Naskh，即非废止）是原初的状态（Al-Asl），而主张发生了废止的人，必须有能够证明其发生的证据（Daleel）。这就是“伊斯提斯哈布”（Al-Istishaab，持续原状原则）的实质。
For that reason, the absence of An-Naskh (non-abrogation) is the original position (Al-Asl) in respect to the Sharee’ah and the claim for the occurrence of abrogation must have a Daleel that indicates it. This is the essence of Al-Istishaab.