第180条
Article 180
对于出于教育目的而撰写书籍的行为进行牟利,无论处于何种层次,都是严格禁止的。一本书一旦印刷出版,任何人,包括作者本人,都无权垄断其出版和印刷权利。然而,如果这些想法尚未印刷或出版,其拥有者有权因将这些想法传播给公众而获得报酬,正如他因教学而获得报酬一样。
The exploitation of writing books for educational purposes at whatever level is strictly forbidden. Once a book has been printed and published, nobody has the right to reserve the publishing and printing rights, including the author. However, if they were ideas he had, which were not yet printed or published, the owner has the right to be paid for transferring these ideas to the public as he paid for teaching.
这一点的依据,是教学收取报酬是允许的,以及知识可以供人们学习。至于教学收取报酬的允许性,有圣训证实,先知ﷺ说:
The evidence for it is the permissibility of taking a fee for teaching and the permission of knowledge for people. As for the permissibility of taking a fee for education, it is confirmed from the words of the Messenger (pbuh) :
.» إِنَّ أَحَقَّ مَا أَخَذْتُمْ عَلَيْهِ أَجْرًا كِتَابُ اللهِ «.
.» إِنَّ أَحَقَّ مَا أَخَذْتُمْ عَلَيْهِ أَجْرًا كِتَابُ اللهِ «.
“你最有资格为真主(swt)的经典收取报酬”(布哈里转述自伊本·阿拔斯),因此,由更强的推理可知,教授任何其他知识也可以收取费用;此外,先知(pbuh)允许巴德尔战役的俘虏每人教十名穆斯林以赎身,这就是为教育而支付的报酬,这一点也得到了证实。著书立说就是写作知识,换言之,就是通过文字传授知识,因此它与口头传授相似。知识可以口头或以文字形式传给他人,无论哪种情况,收取费用都是允许的。然而,如果教师通过口头或文字传授某些内容,学习者所获得的知识便归他所有,因此他有权将该知识以口头或文字的方式传授给任何其他人,也有权为此收取费用。巴德尔的俘虏对于从他们那里学习读写的人,除了赎金之外并没有其他权利;而那些向他们学习的人,可以不经其老师许可、也无需老师享有任何权利,便为他人收费传授读写。
“You are most entitled to take wages for Allah (swt)'s Book” (reported by Al-Bukhari from Ibn ‘Abbas), and so by greater reasoning a fee can be taken for teaching anything else; additionally it is confirmed from the fact that the Messenger (pbuh) allowed the prisoners from the battle of Badr to each teach ten Muslims as their ransom, which is making a payment for education. Authoring is the writing of knowledge, or in other words, the giving of knowledge through writing and so it is like imparting it verbally. Knowledge can be passed to people verbally or in a written form and in both circumstances it is permitted to take a fee for it. However, if the teacher imparts something verbally or through writing, the knowledge that the learner took becomes possessed by him, and so he has the right to impart that knowledge to anyone else whether verbally or through writing, and he has the right to take a fee for it. The prisoners from Badr had no right over those who learnt reading and writing from them other than their fee, and those who learnt from them could teach others reading and writing for a fee without the permission of their teachers, and without their teachers having any right.
另外,就知识被允许而言,其被允许的含义是:任何人都可以取得它;任何教授它的人都可以收取报酬,而不只是最初教授它的那位老师。由此可见,知识为每一位知道它的人所拥有,并非仅属于教授它的人独有;只要它仍留在他身上,它便是他的所有物,因此他可以因教授它给他人而收取报酬,也可以免费教给别人。如果它通过他教给某个个人或某个群体,或在公众中讲述,或以任何方式传递给民众,那么根据普遍允许知识的各项证据,它就对所有人都变得允许。并且,无论最初教导他们的人是否允许,也无论对方是否愿意,任何个别或作为群体一员取得该知识的人,都可以将它交给他们愿意交给的任何人。
Additionally, knowledge, from the angle that it is permitted, and the meaning of its being permitted is that it is permissible for anyone to take it, and permitted for anyone who teaches it to take a fee, and not simply the teacher who taught it originally. So from this it is seen that the knowledge is possessed by anyone who knows it, and is not the sole possession of the one who taught it, and it is the possession of the one who knows it as long as it remains with him, and so he can take a fee for teaching it to someone else, or can teach it to others for free. So if it emerges from him through his teaching of it to an individual or a group, or talking about it in public, or conveying it to the people by any means, it becomes permissible for all of the people in accordance with the evidences which generally permit knowledge, and it becomes permissible for whoever took that knowledge individually or part of a group, to give it to whoever they wish irrespective of whether the one who taught them initially gave them permission or not, and whether they were content for that to happen or not.
这是证据,表明没有任何人拥有出版的权利,因为它是知识。只要知识仍在他那里,他就有权为其收取费用;而如果他以口头或书面的方式,以任何手段将其传授给众人,那么它就对所有人变得可以使用,并且每一个人都可以将其教给别人,并为教授收取费用。因此,将出版权限定于作者,就是禁止了所允许的事情:通过禁止人们获取知识,除非得到许可,从而禁止了知识;通过禁止人们为知识收费的教授,除非得到许可,从而禁止了收费。据此,任何人都不应当拥有出版的权利。
This is evidence that no one possesses the right to publish since it is knowledge, so as long as it remains with him he has the right to charge a fee for it, and if he imparts it to the people verbally or through writing, by any means at all, it becomes permitted for all the people, and it becomes permitted for every one of them to teach it to someone else and to charge a fee for teaching. So to make the rights of publishing specific to the author is forbidding the permitted; forbidding knowledge by prohibiting it being taken except with permission and forbidding charging a fee for it by prohibiting it being taught for a fee except with permission, and so accordingly it is not permissible for anyone to possess publishing rights.