第47条
Article 47
如果辅佐者处理某事务,而哈里发命令他去做,那么他必须按照哈里发的命令执行,不得增添或减少。如果哈里发之后又反对辅佐者,拒绝他已经执行的决定,那么需要审查此事:若这是他已正确执行的律法条文,或他已妥善用于其应有用途的财物,则执行辅佐者的意见,因为该意见本质上就是哈里发的意见,而哈里发不能撤销他自己已经执行的律法和已经支出的财物。若辅佐者所执行的是其他事务,例如任命总督或筹备军队,那么哈里发可以反对辅佐者,执行哈里发的意见,并取消辅佐者的行为,因为哈里发有权纠正自己的行为,因此他也可以纠正辅佐者的行为。
If the assistant conducted an issue, and the Khalifah ordered him to do it, then he must implement it as the Khalifah ordered him to do so, without any addition or deletion. If the Khalifah returned to oppose the assistant rejecting what he has already executed, then the matter is examined; if it was a rule that he had implemented properly, or wealth that he placed in of its right place, then the opinion of the assistant is implemented, since it is in origin the opinion of the Khalifah, and the Khalifah cannot revoke what he himself had implemented of rules and spent of wealth. If what the assistant had executed was in anything else, such as appointing a governor or preparation of an army, then it is permitted for the Khalifah to oppose the assistant, and the opinion of the Khalifah is implemented, and the actions of the assistant are cancelled because the Khalifah has the right to redress his own action so he may redress the actions of the assistant.
本文阐述助手如何履行其职责,以及哈里发如何审查助手的行为,并说明哈里发可以撤销哪些行为、不可以撤销哪些行为,因为助手的行为被视为哈里发的行为。其理由在于:助手被允许独立裁决,正如哈里发一样,因为裁决的条件在他身上具备;他可以审理不公之事(Madhalim),也可以委派他人审理,因为审理不公之事的条件在他身上具备;他可以亲自发动圣战(Jihad),也可以授权他人发动,因为战争的条件在他身上具备;他可以亲自执行各项事务,也可以委派他人执行,因为见解与事务管理的条件在他身上具备。然而,这并不意味着哈里发不能撤销助手所执行的任何事务,只要报告已经呈报给他。其实际含义是:助手拥有哈里发所具有的职权,但这是代表哈里发行使的,而非独立于哈里发之外。
This article is a description of how the assistant carries out his work, and how the Khalifah scrutinises the actions of the assistant, and this is taken from what is permitted for the Khalifah to reverse, and what is not permitted for him to reverse from the actions, since the action of the assistant is considered to be the action of the Khalifah. The explanation for this is that the assistant is permitted to rule independently, as is the Khalifah, since the conditions for ruling are considered in him, and it is permitted for him to look into the Madhalim (injustices) and to appoint others to look into them, since the condition for the Madhalim are considered in him, and he is permitted to undertake the Jihad by himself and to empower those who will undertake it, since the conditions of war are considered in him, and he is permitted to undertake the implementation of the issues personally or to appoint someone else to implement them since the conditions of opinion and management of affairs are considered in him. However, this does not mean that it is not correct for the Khalifah to cancel whatever the assistant carries out as long as the report has been raised to him, rather what it means is that he possesses what the Khalifah does in terms of mandatory powers, but this is on behalf of the Khalifah and not independent of him.
因此,哈里发有权反对其助手,即驳回其所作所为并撤销已执行的事项,但以哈里发若亲自为之则有权撤销的范围为限。所以,如果助手按正确的方式执行了某项规定,或在有必要时给予了财物,而哈里发之后在其执行之后才来反对助手,那么他的反对就没有价值;相反,助手的行为依然有效,哈里发的意见和反对被驳回,因为从根本上说这只是他的意见,而在类似情形中,哈里发不得推翻自己的意见,或撤销已经完成的执行。因此,在这些问题上,他不得撤销其助手的行为。如果助手授权了某位总督、行政官、军队指挥官或其他任何职务,或制定了经济事务、军事计划、工业化规划或类似事项的运作方案,那么哈里发有权撤销这些安排。这是因为它被视为哈里发的意见,而这些事项属于哈里发若亲自承担则有权推翻的范围,因此可以撤销其代理人在这些事务中的工作。所以,在这种情况下,可以撤销助手的所作所为。
Accordingly, it is permitted for the Khalifah to oppose the assistant by rejecting what he has done and cancelling what has been carried out, but within the limits of what it is permitted for the Khalifah to reverse if he had done it himself. Therefore, if the assistant had implemented a rule in the correct manner, or gave wealth where it was necessitated, and subsequently the Khalifah came and opposed the assistant in this after its implementation, then there is no value in his opposition; rather the action of the assistant is implemented, and the opinion and opposition of the Khalifah is rejected, since in origin it is his opinion, and in issues similar to these situations it is not correct for him to reverse his own opinion or cancel whatever implementation had been completed. Consequently, it is not correct for him to cancel the action of his assistant in these issues. If the assistant had empowered a governor, an administrator, a commander of the Army, or any other appointment, or had laid down the running of economic issues, military plans, plans for industrialisation, or anything similar, then it is permitted for the Khalifah to cancel it. This is because it is considered to be the opinion of the Khalifah, but is from the issues that are permitted for the Khalifah to reverse if he had undertaken them himself, and so it is permitted to cancel the work of his representative in them. Therefore, in this situation, it is permitted to cancel the actions of the assistant.
规则是:哈里发能够就自己的行为加以纠正的事情,他也可以就其助手的行为加以纠正;哈里发不被允许就自己的行为加以纠正的事情,他也不被允许就其助手的行为加以纠正。
The rule in this is: Everything that the Khalifah is able to correct from his own actions, is permitted for him to correct from the actions of his assistant, and everything that the Khalifah is not permitted to correct from his own actions, he is not permitted to correct from the actions of his assistant.