在阐明天课的义务性质及其在伊斯兰教中的地位之前，有益的做法是考察伊斯兰教以前各社会阶级结构中穷人的地位、对其需求的回应程度，以及古代律法与宗教对其困苦的关注。通过这样做，人们便可以说明伊斯兰教在关怀穷人、建立社会正义、社会保险和社会团结方面，超越其他宗教到了何种程度——这些原则建立在真主之经典与其使者的圣行所确立的坚实基础之上，(p)。

Before I delineate the obligatory nature of zakah and its position in this religions of Islam, it is useful to examine the position of the poor in the class structures of the societies before Islam, the extent of response to their needs, and the care about their Problems in ancient laws and religions. By so doing, one can show how much Islam superseded other religions in its care of the poor and in the establishment of social justice, social insurance, and social solidarity on the strong basis stated in the Book of God and in the Sunnah of His Messenger, (p).

贫困与赤贫自古有之，与人类历史一样久远。可以说，所有人类社会中都有人呼吁关怀穷人。在人类历史的整个进程中，对他人苦难的同情从未止息，各个文明中也一直有人努力提供救济、解决问题。尽管如此，穷人的处境却极其糟糕，始终是人类历史上的一块黑暗污点。所有社会都存在这样的不公，都没有遵循其哲人与先知的人道训诲。一位历史学家这样谈到古代文明中富人与被剥夺的穷人之间的关系："在地球上存在过的每一个民族中，人们都能轻易辨认出两个阶层：富人和穷人。"

Poverty and destitution are as old as history. It is fair to say that all human communities have some people who call for the care of the poor. Feeling for others' sufferings never ceased throughout the history of humanity and attempts to provide relief and to solve Problems continue in all civilizations. In spite of all that, the situation of the poor has been extremely bad. It has always been a dark spot in human history. All societies had such injustice and did not follow the humanitarian advice of their philosophers and prophets. One historian talks about the relations between the rich and the deprived poor in ancient civilizations in the following way: "In every nation that existed on earth one could easily recognize two classes of people, the rich and the poor.

富裕阶层掌握权力,并且总是变得更加富有、更加膨胀,而贫困阶层则软弱无力、被压在尘土之中。在这样的矛盾之下,那个文明的社会结构终将瓦解,而富人们却还在纳闷为何一切都在衰败。 "1 古埃及在其早期历史中就像人间的天堂,出产各种各样的物资,对其人民而言极为充裕,然而与此同时,其穷苦阶层却连最基本的食物都无法获得,因为富人没有给他们留下任何实际的东西。当第十二王朝时期大饥荒袭击埃及时,穷人把自己卖给富人做奴隶,而富人又让他们承受更多的苦难。 古代巴比伦的情况也是如此。尽管土地产出丰厚,穷人却对土地的收成没有任何权利。古代波斯、希腊以及其他王国也与此相似。穷人被鞭子和棍棒驱赶去做最低贱的工作,稍有差错便遭受严厉惩罚,有时甚至被残忍地杀害。 在斯巴达,富人把不肥沃的贫瘠岩石之地留给穷人,于是穷人只能在苦难中生活。在雅典,富人若发现穷人无力缴纳强加于他们的赋税,便将其卖为奴隶。在作为西方法律源头的罗马,富人统治着整个国家,地位独特而高贵,将其他人贬为与他们相比不可接触的贱民。穷人被迫服从他们,这常常迫使穷人逃离罗马,寻找出路。正如Mitchle所描述的罗马帝国:

The rich class exercised power and always became richer and inflated while the deprived class was weak and smashed down to earth. With that contradiction the social structure of that civilization would eventually fall apart, with the rich wondering why everything was deteriorating."1 Egypt in its early history was like a godly paradise on earth, producing all kinds of goods that were more than abundant for its people and at the same time its poor classes could not find even the mere sustenance of food, because the rich class left nothing of substance for them. When the great famine hit Egypt during the region of the XII dynasty, poor people sold themselves as slaves to the rich who made them even suffer more. In ancient Babylon the situation was the same. The poor had no rights to the fruits of their land in spite of huge production. The ancient Persia, Greece, and other kingdoms were also similar. The poor were driven by whips and sticks to lowest jobs an were punished severely and sometimes savagely slaughtered for the slightest errors. In Sparta the rich left for the poor rocky lands that was not fertile, so they lived on suffering. In Athens, the rich used to sell the poor as slaves if they failed to pay tolls imposed on them. In Rome, the source of Western law, the rich ruled over the whole nation, distinct and high-ranked, reducing others to untouchables compared to them. The poor were forced to obey them and this often forced them to escape and find their way out of Rome. As described by Mitchle said about the Roman Empire:

“穷人越来越深地陷入贫困，而富人则不断增加他们的财富。当罗马帝国被废除、欧洲王国在其位置上兴起之后，穷人的处境变得更加糟糕。在这些王国的封建制度下，他们竟像牲畜一样随土地一同被买卖。”2

“The poor were descending deeper and deeper into poverty while the rich were increasing their wealth. When the Roman empire was abolished and European kingdoms rose in its place, the plight of the poor became even worse. They used to be sold with the land like livestock under the fuedal system of these kingdoms.”2

所有宗教，包括人为制定的宗教，都没有忽视这一人道主义的社会问题，没有它，兄弟情谊和生活质量都无法实现。四千多年前，在巴比伦，汉谟拉比在颁布地球上已知的第一部成文法典时宣称："神派遣我来阻止强者压迫弱者，引导人民，并为众生带来繁荣。"数千年前，古埃及人表达了这样一种观念：给饥饿的人面包，给赤身的人衣物，让无力者搭乘他们的船只，做孤儿的父亲，寡妇的丈夫，在寒冷的冬天保护被遗弃的人，这是他们的宗教义务。3

All religions, including man-made religions, did not neglect this humanitarian social issue, without which brotherhood and quality of life would not be realized. More than four thousand years ago in Babylon, Hamurabi, in introducing the first known recorded law on earth, stated "God's had sent me to prevent the omnpotents from suppressing the powerless subjects and to guide people and secure prosperity for creatures." Thousands of years ago, people, in ancient Egypt, expressed the sentiment that it was their religious duty to give bread to the hungry, cloth to the naked, and passage on their boats to the incapable, or to be father of the fatherless, husband of the widow, and a protector to the outcast in cold winter.3

天国宗教的声音在呼吁关怀穷人和无力者方面，比其他世俗体系更为响亮，因为前者的影响比任何人类哲学或人为法律都更为深远。我无法相信任何一位真主的使者曾经来到世上而没有呼吁关怀穷人，这种关怀在《古兰经》中被称为天课（Zakah）。在《古兰经》这部当今地球上现存的最真实的天启经典中，我们可以找到关于易卜拉欣、伊斯哈格和叶尔孤白的启示的记载。真主说：

The voice of heavenly religions was Iouder in calling for care of the poor and powerless than other secular systems, for the former had deeper effects than any human philosophy or man-made law. I cannot believe any Messenger of God to have passed through the world without calling for the care of the poor, which is called in the Qur'an zakah. In the Holy Qur'an, which is the most authentic heavenly document existing on earth today, we find mention of the messages of Ibrahim, Ishaq, and Ya'qub. God says:

"他们是我的领袖,遵照我的命令引导众人,我启示他们行善、守拜功、完纳天课,他们一直崇拜我。"4 关于易卜拉欣之子易司马仪的使命,经文这样描述:"你在经典中提及易司马仪,他是守信的人,是使者,也是先知。他命令他的民众拜功和天课,在他的主看来他是最蒙喜悦的。"5 我们还看到以色列后裔的盟约:"我曾与以色列后裔立约:你们除安拉外不可崇拜任何人,要孝敬父母,优待亲属、孤儿和贫困者,与人说好话,坚持拜功,完纳天课。然而,你们中除少数人外,都违约背弃了。"6 另一节经文也描述了这一盟约:"安拉确曾与以色列后裔立约,我从他们中选出十二位首领。安拉说:'如果你们坚持拜功,完纳天课,信奉我的使者,尊敬并扶助他们,并向安拉作慷慨的借贷,我必定涂去你们的罪恶,使你们进入下临诸河的乐园。但你们中若有人在此之后不信,他必定迷失了正道。'"7 耶稣基督在摇篮中作婴儿时,以自己的话描述了他的使命:"他命我只要我活着,就守拜功,完纳天课。"关于有经人,安拉说:"他们被命令的,只是崇拜安拉,并对他怀有纯正的信仰……"

"And We made them leaders, who guide men by our command, and We sent inspiration to do good deeds, to establish regular prayers, and to practice zakah, and they constantly served Us."4 Isma'il's message is described following: "And also mention in the story of Isma'il who was strictly true to what he promised. He was an apostle and a Prophet and he enjoined on his people prayer and Zakah, and he was most acceptable in the sight of his Lord."5 We also see the pledge of bani Isra'il: "And we took a covenant. from the children of Isra'il: worship none but God, treat with kindness your parents and kindred and orphans and all those in need, speak fair to the people, be steadfast in prayer, and practice zakah. Then did ye turn back except a few among you, and ye backslide".6 In another verse this pledge is described "God did afore time take a covenant from the children of Isra'il, and We appointed twelve captains among them and God said I am with you if you establish regular prayer, practice zakah, believe in apostles, honor and assist them and loan to God a magnificent loan. Verily I will wipe out from you your evils, and admit you to gardens with rivers flowing beneath, but if any of you after this resisted faith he has surely wandered from the path of rectitude.7 The message of Jesus Christ is described by his own words as a baby in the cradle "And He hath enjoined on me prayer and zakah as long as I live. About the People of the Book in general, God said, "And you have been commanded no more than this: To worship God, offering Him The Obligatory Nature of Zakah and its Place in Islam 5

这些都是前代宗教关心穷人和需要帮助者的极好范例，这正是《古兰经》之前天启经典信息的精髓。不过，有些方面必须加以指出。

These are supreb examples of the care of previous religions toward the poor and the needy and this was the essence of the message of heavenly scripts before the Qur'an. Some observations, however, must be recorded.

这些经文不过是劝勉与鼓励，要求人们怜悯贫穷者，并警惕自私与吝啬。它是对自愿、个人施舍的一种响亮呼吁。

1. These texts do not go beyond recommendations and encouragement to be merciful toward the poor and wary of selfishness and miserlihood. It is a loud call to voluntary and individual charity.

这些关于慈善施舍的表述并不意味着施舍是强制性的，目的是让那些不行施舍的人不会觉得自己遗漏了宗教中的一项必要内容，也不会以为自己会因此在今世和来世受到真主的惩罚。

2. These statements on charity do not make it compulsory so that those who abstain from charity do not feel that they have left an essential part of their religion and that they would be punished by God in this life and in the afterlife.

3. 施舍与否，交由人的良心来决定：国家在其征收和分配方面并未被赋予任何权力。

3. It is left to the human conscience to give charity: the state is not given any authority in its collection and distribution.

4. 应当缴纳的数额、需要缴纳天课的财产种类，以及缴纳这项施舍的具体情况和条件，均未作明确规定。因此，国家无法以任何宗教理由将其制度化。

4. The amount that should be given, the kinds of wealth that are subject to give from and circumstances and conditions of the fulfillment of this charity are not specified. This makes it impossible for state to institutionalize it on any religious grounds.

5. 关怀穷人并未达到严肃认真地应对贫困问题、消除贫困、断绝其根源，或使穷人成为财产所有者和土地所有者的程度。这些呼吁最终只止步于减轻穷人的苦难与不幸。

5. Caring for the poor does not reach the extent of a rigorous attempt to deal with the problem of poverty, to eliminate it, to dry its sources or to transform the poor into property owners and landowners. These calls ended at attenuation of the misery and suffering of the poor.

因此,贫穷和弱势的人便任凭富人和有权势者摆布。如果后者出于对真主的爱、对后世的敬畏或自身良知而行事,那么穷人便能得到帮助和救济。但如果富人的信仰邪恶,如果他们贪恋积聚财富,一心追求自己的私欲,那么穷人就只能忍受苦难,无人为他们向富人维护权利。当慈善完全依赖自愿,取决于个人良知时,情况通常就是如此。

Consequently, the poor and weak remain at the mercy of the rich and powerful. If the latter are motivated by the love of God, the sense of an afterlife, or their own conscience, then the poor are helped and relieved. But if the faith of the wealthy are wicked, if they love accumulation and exclusive pursuit of their own desires, the poor is left to their suffering without anyone to defend their rights against the rich. This is usual when charity is left voluntary and up to the conscience of individuals.

伊斯兰教在关怀穷人、致力于解决贫困问题方面，其广度与力度都是前所未有的。这既体现在劝导穆斯林怜悯穷人的训导与劝勉之中，也体现在立法与法律制度之中，更体现在实际的落实与施行之中。

Islam is unprecedented in the extent of its care for the poor and its zest to solve the problem of poverty whether through directives and recommendations that exhort Muslims to have mercy on the poor, by means of legislation and laws, or through implementation and application.

显然，早在麦加时期的最初几个月，穆斯林还只是一小群被禁止实践并宣扬这一新宗教的男女，尚未构成一个政治实体，伊斯兰教中关怀穷人和贫困者的人道社会层面就已十分明显。《古兰经》中以"供养穷人"、"施舍真主所赐的给养"、"乞者与不乞者都有应得的权利"、"贫穷者和旅客都有应得的权利"等说法表达了这一理念，有时则使用"完纳天课"这一术语。

It is apparent that as early as the first few months of the Makkan period when Muslims were still a handful of men and women prevented from practicing and calling for this new religion and not constituting a political entity, that the humane social aspect of Islam -- caring about the poor and the destitute, was highly evident. This concept is expressed in the Qur'an as "feeding the poor", "spending of the sustenance that God has provided", "a right to he who asks and to the deprived who does not ask", or "a right to the destitute and the wayfarer", and sometimes, the term "establishing zakah", is used.

只需在麦加章中诵读以下伟大的经文即可：

It suffices to read in the Makkan suras the following great verses:

在《穆达塞尔章》中——这是《古兰经》最早降示的启示之一——我们看到了审判日的一幕：在天堂乐园中的义人们，询问那些不信者和说谎者，即被火狱所包围的人们，他们受到惩罚的原因是什么。其中的原因包括：忽视穷人的权利，任由他们饱受饥饿、赤身裸体和苦难的折磨，以及对他们掉头不顾。

In sura al Muddathir, one of the very early revelations of the Qur'an, we see a scene from the day of judgment. The righteous people in their heavenly gardens inquire of the dis-believers and liars whom the fires of Hell encompasses, what were the reasons for their punishment. Among those reasons are neglecting the rights of the poor, letting him be beaten by hunger, nakedness, and suffering, and turning their faces away from him.

真主说:"每个灵魂都为其所作所为而被抵押,唯有右手边的同伴,他们将身处欢乐的乐园。他们将彼此询问,并向罪人发问:'是什么把你们引入了火狱?'他们会说:'我们不是礼拜的人,也不是供养贫穷者的人,我们曾与说虚妄话的人一同说虚妄的话,我们还否认审判日。'10与供养穷人相似的,还有为他们提供衣物、住所和生活必需品。在《古兰经》的《笔》章中,真主讲述了那些拥有一座园子的人的故事,他们在夜里采摘园中的果实,以阻止在收获之日前来的贫穷和需要帮助的人获取一些施舍。因此,真主降下了迅速的惩罚。经文如下:"于是你的主所降的灾祸在夜间降临那园子,当他们熟睡之时,使它在早晨变得像一片焦黑荒芜之地,果实已被采尽。天亮时,他们彼此呼喊:'如果你们要采摘果实,就早早地去你们的田地吧。'于是他们边走边低声私语,说:'今天不要让任何一个贫穷的人进入园子打扰你们。'他们早晨起来,怀着不义的决心出发;但当他们看见园子时,便说:'我们一定是迷路了。'不然,我们已被剥夺了劳作的果实。'他们中较为公正的一人说:'我不是对你们说过吗?你们为何不赞颂真主呢?'他们说:'赞颂我们的主,我们确实是不义的。'然后他们相互指责。他们说:'哎呀,我们真是犯了罪。或许我们的主会以比这更好的园子来替代我们,因为我们向他悔罪归依。'这就是今世的惩罚,而后世的惩罚更大,惜乎他们不知道。"11

God says: "Every soul will be held in pledge for its deeds except the companions of the right hand they will be in gardens of delight. They will question each other and ask of the sinners, 'What led you into hellfire?' They will say, 'we were not of those who prayed, nor were we of those who fed the indigent, but we used to talk vanities with vain talkers and we used to deny the day of judgment.10 Similar to feeding the poor is clothing, sheltering, and providing necessities for them. In sura al Qalam, God tells the story of those who owned a garden and collected its fruits at night in order to prevent the poor and needy that come on harvest day from taking some charity. Because of that God sent to them a quick punishment. The verses read: "Then there came on the gardens a visitation from thy Lord which swept away all while they were asleep so the garden became by morning like a dark and desolate spot whose fruits had been gathered. As the morning broke, they called out one to another, 'Go ye to your tilthe be times in the morning if ye would gather the fruits', so they departed conversing in secret, low tones, saying, 'let not a single indigent person break in upon you into the garden this day?', and they opened the morning strong in an unjust resolve but when they saw the garden they said we have surely lost our way. Indeed we are shut out of the fruits of our labor. Said one of them, more just than the rest, 'Did I not say to you why not glorify God?' They said, "Glory to our Lord, verily we have been doing wrong.' Then they turned one against another in reproach. They said, 'Alas for us we have indeed transgressed. It may be that our Lord will give us in exchange a better garden than this for we do turn to Him in repentance.' Such is the punishment in this life, but greater is the punishment in the hereafter if only they knew."11

The Makkan verses did not conclude by calling for mercy toward the needy, encouraging the giving of aid and provision for their needs, and warning that neglecting or being harsh toward them is a grave matter. The Makkan verses went further, considering that every believer has a duty toward the needy; that is, believers should urge others to help the poor. The Qur'an regarded abstention from encouraging others to aid the needy as a characteristic linked to disbelief in God, which entails His displeasure and punishment in the Hereafter. God (SWT)

The Makkan verses did not concluded by calling for mercy on the indigents, encouraging and providing for their needs, and making it fearful to neglect or be harsh to them. The Makkan verses went farther, in considering that on each believer there is a duty to the indigent, i.e., believers should urge others to help the poor. The Qur'an considered abstention from encouraging others to aid the needy a feature related to disbelief in God, that implicates His resentmen and punishment in the Hereafter. God (s)

在《古兰经》“黑契喀”章中说：“至于接受记录放在左手的人，他将说：‘唉！但愿我的记录没有交给我，我也不知道我的清算是怎样的！唉！但愿死亡能结束我的一切！我的财产对我毫无益处，我的权势也已消失殆尽。’”[12] 然后，全世界的主真主以公正的判决，对应受惩罚的人给予惩罚：“你们抓住他，给他戴上枷锁，然后把他投入烈火之中，再用一条长七十肘的链子捆住他。”[12] 他受惩罚和在众目睽睽之下蒙受羞辱的原因是：“他过去不信至高的真主，也不鼓励供养贫民。”[12] 这些经文如此强烈地警告那些不鼓励供养贫民的人将受到惩罚，以至于圣门弟子艾布·达尔达厄对他的妻子说：“噢，乌姆·达尔达厄！真主有一条链子，自真主创造火狱以来，它一直在烈火中煮沸，并将一直留在那里，直到它被套在人们的脖子上。真主使我们免受其痛苦的一半，是因为我们信仰了至大的真主，所以你要鼓励供养穷人，噢，乌姆·达尔达厄！”（这是为了满足上述经文中提到的另一个条件）。[13] 在《古兰经》降示之前，世界上从未出现过一部经典，将不鼓励关怀贫困者的行为视为一种可使罪人堕入火狱的罪过。在“法几尔”章中，真主斥责那些自称拥有能使他们亲近真主的宗教、并坚守易卜拉欣宗教残余的前伊斯兰时代的人们：“不然！你们不尊敬孤儿，你们也不互相鼓励供养贫民。”[14] 相互鼓励，是向全人类发出的呼吁，要求大家合作、互相扶持，共同照顾贫困者。

says in sura al Haqqah, "and he that will be given his record in his left hand will say, 'Oh, would that my record had not been given to me and that I had never realized how my account stood: Oh, would that death had made an end of me. No profit to me has been my wealth, my power has perished from me."12 And then God, the Lord of the world gives His just judgment in punishment on those who deserve it. "Seize ye him and burn ye him in the blazing fire; further make him march in a chain whereof the length is seventy cubits."12 The cause of his punishment and humiliation in the sight of witnesses is: "This was he who would not believe in God, most high, and would not encourage the feeding of the indigent."12 These verses, which promise so strongly the punishment of those who do not encourage the feeding of the indigent, so motivated the companion Abu al Darda' that he said to his wife: Oh, Umm al Darda', God has a chain that has boiled in the blazing Fire since God created hell and it will remain there until it is thrown on the necks of people; God has saved us of half of its pain by bringing us into believing in Him the greatest, so encourage the feeding of the poor, oh, Umm al Darda' (in order to fulfill the other condition mentioned in the verse above)."13 The world has never witnessed before the Qur'an a script that considers abstention from encouragement to care for the indigent a sin that can send the abstinent to Hell. In sura al Fajr, God calls the people of pre-Islam ages who claim to have a religion that brings them close to God and cling to remnants of the religion of Ibrahim: "Nay, but ye honor not the orphans nor do ye encourage one another to feed the poor".14 Encouraging one another is a call to all of humanity to cooperate and support each other in taking care of the poor.

在《达里亚特》章中，真主提到了配得乐园花园的诚信信士。他们最明显的特征之一是："在他们的财产中，有乞讨者和受困穷人应得的权利。"20 那些没有财产、没有谋生手段、也没有可以赖以维生的职业的人，同样拥有这份权利。那些诚信的信士已经认识到，他们的财产不只是供自己使用的。他们明白，其中一部分实际上属于贫困者，这不是一种带着施舍姿态给予的慈善馈赠，而是一项明确的权利，既无受施者的卑微，也无施予者的傲慢。 在《麦阿立哲》章中，同样的特征以略有不同的场景再次出现。它描述的是那些凭借信仰的力量和道德感，克服了人类天性弱点的信士："人类确是生性急躁的；他遭遇祸患，就惊慌失措；他获得福利，就悭吝不施。唯独那些恪守拜功的人除外，他们在财产中有一种公认的权利，归于乞讨者和受困穷人。"21 这里，他们财产上的权利被描述为公认的、明确界定的。这使一些学者认为，这节经文指的是天课，因为天课是富人财产上公认的、明确界定的权利。然而，众所周知，这一章是麦加章，而天课作为伊斯兰法所规定的制度，是在麦地那颁布的，我们稍后将会看到。这种公认而明确的权利，只能是信士们从自己的财产中划出、留给乞讨者和受困穷人的一部分。因此，这项权利与天课的区别在于：它是由信士自己决定、由自己的行动划出的一部分，而天课则是由伊斯兰法所界定和规定的。 在《古兰经》的《伊斯拉篇》中，真主说："你当把应得的权利给予亲属、贫民和旅行者，你不要浪费无益。"23 在《罗马篇》中又说："你应当把应得的部分给予亲属、贫民和旅行者。这对于寻求真主喜悦的人是最好的。"24 通过这些经文，《古兰经》早在麦加时期就在穆斯林的内心中确立了这样一个观念：亲属和贫困者对信士的财产拥有明确规定的权利。这并非一种可以随意决定支付或不支付的单纯自愿施舍。

In sura al Dhariyat, God mentions sincere believers that deserve the gardens of heaven. One of their most obvious characteristics is "in their wealth there is a right for he who asks and he who is deprived."20 He who has no wealth of his own, nor means of earning, nor a profession to live on, has also a right. Those sincere believers have realized that their wealth is not only for their own use. They have realized that part of it belongs, in fact to the needy, not as a charitable gift given with condescendence but as a clear-cut right, without humbleness on the part of the receiver or pride on the part of the payer. In sura al Ma'arij, this same characterization is repeated with a slight difference in the scene pictured. It came with reference to the characters of the believers who have overcome by the strength of their faith and sense of ethics, the weakness of the human being, "Truly, man was created very impatient, fretful when evil touches him and niggardly when good reaches him. Not so those devoted to prayer, those who remain steadfast in their prayer, and in whose wealth is a recognized right for the needy who asks and he who is prevented."21 Here the right on their wealth is described as recognized and well-defined. This led some scholars to state that this verse refers to zakah because it is the recognized, well-defined right on the wealth of the rich. It is known however that this sura is Makkan while zakah as defined in Shari'ah was prescribed in Madinah, as we shall see later. This recognized and well-defined right could not be anything except a part put aside by the believers out of their wealth to be given to he who asks and to the deprived.22 The difference therefore, between this right and zakah is that this is a portion determined by the believers themselves and put aside by their own action, while zakah is defined and determined by Shari'ah. In Suras al 'Isra God says "And render to the kindred their due rights and also to those in want and to the wayfarer but squander not your wealth in the manner of a spendthrift."23 And in al Rum "so give what is due to kindred, the needy and the wayfarer. that is best for those who seek the continence of God."24 By these statements Qur'an instilled in the being of Muslims as early as the Makkan period that kindred and those who are in need have well-defined rights on the believer's funds. It is not a mere voluntary charity which he can pay or refrain from paying according to whim.

在《古兰经》第六章《牲畜章》中，真主说：“正是他创造了搭架的和未搭架的园圃，以及棕榈树和各种农作物，还有形状相似、味道各异的橄榄和石榴。当它们结果时，你们可以食用其果实，但在收获的那一日，要交付应尽的义务；你们不可浪费，因为真主不喜爱浪费者。”{25} 真主提醒祂的仆人们，大地所出的果实上有一项规定的权利，这项权利应在收获之日交付。

In sura al An'am God said, "It is He who produceth gardens with trellises and without, and palm-trees and tilth with produce of all kinds, and olives and pomegranates similar in kind and different in variety, eat of their fruit in their season but render the dues that are proper on the day the harvest is gathered but waste not by excess for God loves not the waster."25 God brings to the attention of His servants that there is a prescribed right on the fruits of earth. This right should be paid on the day of harvest.

Sa'id bin Jubair 指出:"在天课被启示之前,人们必须从庄稼中拿出一部分给孤儿和穷人。"这项权利并没有规定为十分之一或十分之一的一半,而是取决于农夫的诚意,并依据受助者的需要而定。后来在麦地那,神的使者ﷺ规定了这项权利的比例,即对超过五瓦斯克的庄稼收取十分之一或十分之一的一半。一些注释学者认为,先知的这一做法,为本书后面将要讨论的庄稼和果实的应缴费用提供了解释。

Sa'id bin Jubair noted that "before zakah was revealed, a person was required to give out of the crops to orphans and indigents." This is a right that is not determined to be one-tenth or one half of a tenth. It is left to the sincerity of the farmer, and according to the need of the indigents. Later in Madinah the Messenger of God, (p), determined the rate of this right by making it one-tenth or one half of a tenth on crops that are in excess of five wasq. Some commentators found in this action of the Prophet an explanation of the dues on crops and fruit as we shall discuss later in this book.

在麦加时期的经文中，有许多关于为穷人和贫困者提供保障的例子，即确立他们在财产上应得的权利，使他们不致在穆斯林社会中被遗弃。这一点又以赞扬缴纳者、斥责忽视者的经文作为总结。在《鲁木》章中，真主将高利贷（riba）与天课（zakah）的效果加以比较：高利贷看似使财富增长，实则使其减少；天课看似使财富减少，实则使其增长，并且是真正的增长。

There are many examples of the provision of the Makkan verses for the poor and destitute in assigning them a recognized right on funds so they may not be lost in the Muslim community. This was crowned by verses offering praise for those who pay it, and vituperation for those who neglect it. In sura al Rum, God holds a comparison between the effect of riba, which seems to increase wealth while it in fact shrinks it, and the effect of zakah which seems to reduce wealth while it in fact, makes It grow best.

真主说："所以你要把应得的分给亲属、贫民和旅客。这对于求主之喜悦的人是更好的，他们是成功的人。你们为了使别人的财产增多而放的高利贷，在真主那里不会增多；你们为了求真主之喜悦而施的天课，则必加倍增添，这些人就是得到加倍报酬的人。"26

God says, "So give what is due to kindred, the needy, and the wayfarer. That is best for those who seek the countenance of God and it is they who will prosper. That which you lend in riba for increase throughout the poverty of other people will have no increase with God but that which you lay out for zakah, seeking the countenance of God, will increase, it is they who will get the recompense multiplied."26

在古兰经《纳姆勒章》开篇，真主描述了那些以他的经典为指引和报喜的信士，称他们是“谨守拜功、完纳天课、且坚信后世的人”。27 将完纳天课与谨守拜功相连，可以清楚地看出，此处所指的是规定的财产天课。《鲁格曼章》开篇，真主说：“这经典是为行善者的指引和慈恩，行善者是谨守拜功、完纳天课、内心确信后世的人。”28 在《信士章》中，他把信士描述为“那些履行天课的人”。29 在《高处章》中，讲述穆萨及其族人的故事时，真主说：“但我的慈恩普及万物。我要把这慈恩赐给那些行善、完纳天课、信仰我的迹象、顺从使者即那位不识字的先知的人。”30 而在描述不信者时，真主提到“那些不完纳天课、又否认后世的人”。31

At the beginning of sura al Naml, God describes the believers for whom he made his book a guide and a glad tiding as "those who establish prayers and give zakah and have full assurance of the Hereafter."27 In connecting giving zakah to establishing prayers one finds a clear indication that what is meant here is the prescribed zakah on wealth. At the outset of sura Luqman, God says "The Book is a guide and a mercy for the doers of good, those who establish prayer and give zakah and have in their hearts the assurance of the Hereafter."28 In sura al Mu'minun He describes the faithful as "and those who are performing zakah."29 In sura al A'raf, while telling the story of Musa and his tribe, God says "But My mercy extends to all things. That mercy I shalt ordain for those who do right and practice zakah and those who believe in Our signs, those who follow the apostle, the unlettered prophet"30, and in describing the disbelievers God mentions "those who pay not zakah and who even deny the Hereafter."31

一些《古兰经》注释学者推断，此处所说的"zakah"是指灵魂从邪恶和罪过中得到洁净与净化，并引用《太阳章》中的经文："使它洁净的，确已成功。"

伊斯兰教法中提到的天课在麦加章节中，原本是一种自愿施舍的泛称，并未具有我们现在所知的具体规定。直到在麦地那被规定下来，确定了税率、免征额以及应纳天课的财产种类，天课才有了具体的定义。那时，天课征收员和分配员被派往各地，调查所有穆斯林的财产，征收天课并加以分配，天课也由此成为国家负责的制度。而在麦加，天课交由信仰和个人之间的兄弟情谊来维系，应缴纳的数额也没有规定。

The zakah which is mentioned in Makkan verses was in the general form of voluntary payments. It did not take the specific definitions as we know it now until it was prescribed in Medina when the rates, minimum exempt, and funds subject to zakah were determined. That is when zakah collectors and distributors were sent to survey all Muslims and to collect zakah and distribute it, and when the state became responsible for zakah as an institution. In Makkah zakah was left to the faith and the brotherly feelings of individuals, and the amount that was to be paid was not determined.

一些学者从麦加章节中的古兰经用语推断，例如"贫乏者的权利"、"求乞者和被剥夺者的权利"、"公认的权利"，认为在麦加时期，穆斯林财产的天课数额是交由先知ﷺ来决定的。[36] 但这种推断并没有任何报道表明先知ﷺ曾经这样做来支持，反而有相反的报道。

Some scholars infer from the Qura'nic terms of the Makkan verses like: "destitute's rights", "right for he who asks and he who is deprived", "a recognized right", that in Makkah it was left to the Prophet, (p) to determine the amounts of zakah on the funds of Muslims.36 But such inference is not supported by any reports that the Prophet did so, while there are reports to the contrary.

在麦加，并不需要特别的规定，因为当时遭受迫害的穆斯林正在为此牺牲一切，甚至包括自己的生命。

It seems that in Makkah there was no need for any specific determination because persecuted Muslims were then sacrificing all they had including their own lives.

然而，正如一些注释家所说，其数额可以由纳课人自行决定。伊本·凯西尔（Al Hafiz Ibn Kathir）在对《信士章》（sura al Mu'minin）的注释中谈到践行天课的人时说：“多数学者的意见认为，此处所指的是财产的天课，尽管这节经文是麦加时期的启示，而天课是在回历第二年于麦地那制定的。”显然，天课是在回历第二年以具体形式确定下来的，包括比例和免征额；而天课的原则则在麦加时期就已经给出，如《牲畜章》（sura al An'am）中的经文：“收获之日，当交纳其应得的部分。”37 伊本·凯西尔所理解的明显含义，得到了前面提到的诸多经文的支持。

However, the amounts may be determined by the payers of zakah, as stated by some commentators. Al Hafiz Ibn Kathir says in his commentary on sura al Mu' minin about those who practice zakah, "The majority's opinion is that what is meant here is zakah on wealth, although the verse is Makkan while zakah was prescribed in Madinah in the second year of Hijrah." Apparently, in the second year of Hijrah zakah was prescribed in its specific form, with percentages and minimum exempt, while the principle of zakah was given in Makkah as in the verse in sura al An'am, "and give its right due the day of its harvest."37 What is found by Ibn Kathir as the obvious meaning is supported by the many verses mentioned earlier.

在麦地那,穆斯林群体建立了自己的社会、政治权力和国家。在麦加则并非如此。因此,伊斯兰的各项要求也随之采取了适应这一阶段的新形式。这些要求此时成为具体而明确的法律和制度,而在麦加时期,它们则是一般性的指导和劝诫。除了信仰的内在驱动之外,国家的权威如今也可以为这些要求的执行提供依靠。麦地那新时期的特征,在天课的处理上表现得尤为清楚。法律规定了哪些财产需要缴纳天课,其义务的条件,其比例与税率,天课收入的分配范围,以及负责组织和管理天课的机构。

In Madina , Muslims community had constructed their own society, political power and a state. This was not so in Makkah. Consequently, Islamic requirements took a new form that was suitable to this stage. These requirements now became specific and well-defined laws and regulations, while they were, in Makkah, general directions and advices. The authority of the state could now be counted on in the execution of these requirements, in addition to the motivation of faithfulness. The characteristics of this new Madinan era are clear in the treatment of zakah. The law determines the kinds of wealth on which zakah is required, the conditions for its obligation, its percentages and ratios, and the areas of dispersement of its receipts, as well as the institution that organizes and administers zakah.

在麦地那时期的章节中，缴纳天课有非常明确的训示，并以不同的方式反复强调，例如《黄牛章》中的经文："你们当谨守拜功，完纳天课。"38 关于天课的麦地那经文数量众多，此处无法一一列举，因此我选取《忏悔章》作为例子。该章是最晚降示的启示之一。

In Madinan suras, there is a very clear directive for the payment of zakah which is emphasized in different styles as in sura al Baqarah, "and establish prayers and practice zakah."38 Madinan verses on zakah are too numerous to list here, therefore I have selected sura al Tawbah as an example, a sura which is among the latest revelations.

A. 在本章之初，经文提到与先知立约却背弃盟约的不信道者，要求对他们作战；经文又说："如果他们悔罪、谨守拜功、完纳天课，那么你们就让他们走吧，因为真主是至恕的，是至慈的。"39

A. At the outset of this sura, the verses speak of fighting unbelievers who broke their covenants with the Prophet, stating "but if they repent and establish prayers and practice zakah, then open the way for them, for God is oft forgiving, most merciful."39

因此，结束与多神教徒战斗的条件有三项：第一，悔悟多神崇拜。即作证：除真主外再无应受崇拜者，穆罕默德是真主的使者ﷺ。第二，谨守拜功，它是信仰的标志，是伊斯兰教最重要的支柱，是区分穆斯林与非穆斯林的标准，是所有穆斯林之间的精神纽带。第三，完纳天课，它是对富人财产所规定的、用于救济贫困者的义务，为了整个社会的共同利益。它是所有穆斯林之间的政治、社会和经济纽带。

Thus three conditions are set to bring an end to fighting with pagans: Firstly, repentance from paganism. This is, bearing witness that there is no deity but God and Muhammad is the messenger of God. Secondly, the establishment of prayer, which is the characteristic of faith and the greatest pillar of Islam, the criteria on that distinguishes Muslims from non-Muslims, the spiritual bond among all Muslims. Thirdly, the practice of zakah, prescribed on the funds of the rich for those who are in need, for the common benefit of the whole community. It is the political, social, and financial bond among all Muslims.

B. 又过了六节经文，真主又谈到了另一群不信者：

B. After another six verses, God speaks about yet another group of nonbelievers:

"然而即便如此,如果他们悔改、谨守拜功、缴纳天课,他们便是你们信仰上的弟兄。我们就这样为明白道理的人详细解释迹象。"40 要从不信转变为穆斯林群体的一员,必须先悔改不以伴侣归于真主,谨守拜功(穆斯林都共同以此顺服真主),并实行天课(穆斯林借此互相扶助,建立社会经济上的团结)。早在圣门弟子时代,学者们就指出古兰经文体中的一个重要现象,即天课与拜功是持续并提的,二者之中提及其一时,几乎很少不同时提到另一个。

"But even so, if they repent, establish prayer, and practice zakah, they are your brethren in faith. Thus do we explain the signs in detail for those who understand."40 Conversion from disbelief to become a member of the Muslim community cannot be done without repentance from associating partners with God, establishment of prayer, in which all Muslims share submission to God, and the practice of zakah, by which Muslims help one another and establish socio-economic solidarity. Scholars as early as the era of the Companions point out an important issue in the Qura'nic style, that is, the continuous association of zakah and prayers. One of them is seldom mentioned without the other.

阿布杜拉·本·麦斯欧德说："你们奉命要谨守拜功，缴纳天课；谁不缴纳天课，他的拜功是无效的。"[41] 伊本·载德说："拜功与天课是一同制定的，二者不可分离。"他引用经文"如果他们悔罪，谨守拜功，完纳天课，他们便是你们的宗教弟兄"，作为证据，认为真主不接受没有天课的拜功。伊本·载德接着说："愿真主怜悯艾布·伯克尔，他对经义的理解何等深刻。"[41] 这是指艾布·伯克尔所说的：真主所联结在一起的两件事，我们不应当将它们分开。

Abdullah bin Mas'ud says: "You are ordained to establish prayer, to practice zakah, and he who does not practice zakah his prayer is meaningless."41 Ibn Zaid says: "Prayer and zakah were prescribed together. One is not alienated from the other." He read the verse 'But if they repent, establish prayer, and practice zakah, they are your brethren in faith', as indication that God does not accept prayer without zakah." Ibn Zaid continued, "may the mercy of God be on Abu Bakr for his great understanding"41, in reference to Abu Bakr's saying that we should not make a distinction between two things God associated with each other.

《古兰经》作为伊斯兰教的主要宪章和根本依据,通常只给出主要原则,不作细节上的详述,只在少数容易引起误解的方面才加以说明。圣行(逊奈)是《古兰经》的实际体现。它阐明经文、给出细节,并对《古兰经》中一般性经文的范围和具体规定作出说明,这是依照真主赐予其使者的理解而进行的。真主说:"我已把这启示降给你,以便你向世人阐明降示他们的经典。"59

The Qur'an, as the main charter of Islam, and its basic reference, gives usually only the main principles without minute details except in a few areas where there is fear of misconception. Sunnah is the practical manifestation of the Qur'an. It explains, gives details, provides the scope and the specifications of the general verses of the Qur'an, in accordance with the understanding given by God to His Messenger. God says, "And we have sent unto thee the message, that thou mayest explain clearly to mankind what is sent for them."59

就天课而言,圣训在麦加时期就明确肯定了它的义务。哲尔法尔·本·艾比·塔利卜代表穆斯林移民向埃塞俄比亚国王讲述先知的情况时说:"他命令我们拜功、纳天课、斋戒。"^60 这既指向总体的概念,也指向具体规定的天课义务。

As far as zakah is concerned, Sunnah undeniably asserted its obligation as early as the Makkan period. Ja'far bin Abi Talib, informing the king of Ethiopia about the Prophet on behalf of the Muslim migrants, said, "And he ordains us to pray, pay zakah, and fast."60 This is a reference to the general concepts, and the specific obligated zakah.

在麦地那，为圣训阐明天课的细节提供了机会，包括天课的起征点、比例、条件，以及它在穆斯林生活中的作用和重要性，还有这项伊斯兰大功课付诸实施的实际范例。ﷺ

In Madinah, the opportunity was open for Sunnah to give details of zakah, its minimum exempt, its ratios, its conditions and its role and importance in the life of Muslims, as well as practical examples of the execution of this major tenet of Islam.

我们可以用生活中的例子来理解。 （注：此句为原文中的部分内容，以上是按规则翻译的结果。） Wait—I must follow the rules precisely: translate only. Corrected output: 每一种财产的最低免征额（nisab）及其适用税率。圣行（Sunnah）还给出了有权领取天课的类别的详细说明。"本节专门探讨天课作为一项确定义务的历史渊源。

minimum exempt of each of them, and the applicable rates. Sunnah also gave the details of the categories that receive zakah."This section is devoted to finding out the history of the obligation of zakah as a defined due.

我们知道，天课的一般原则是在麦加规定的，但其细节尚未确定。这是我认为最合理、最可接受的看法，也符合许多学者的观点，因为它有许多古兰经经文和众多先知的圣训所表明。此外，前文已经说明，麦地那章强调了这一义务，并给出了天课的部分定义和细节。

We know that the general principle of zakah was prescribed in Makkah without determination of its details. This is what I believe most reasonable and acceptable, in accordance with many scholars, since it is indicated by many verses of the Qur'an and many sayings of the Messenger. Moreover it was shown earlier that Madinan suras emphasized this obligation and gave some of the definitions and details of zakah.

逊奈please — 按照规则,"Sunnah" 为伊斯兰术语,保留原文的意义翻译如下: Sunnah(圣行)承担了界定应纳天课财产的具体细则、天课的比例以及征收方式的任务。至于确定天课以此特定含义被规定的确切年份,则在麦地那时期找到了答案。

Sunnah took the task of delineating the minute specifications determining zakatable kinds of wealth, percentages of zakah, and methods of collection. The question of determining the exact year in which zakah in this specific sense was prescribed finds an answer during the Madinan period.

人们普遍公认，天课是在迁徙后的第二年被规定为义务的。据说，天课的规定早于斋月封斋的规定。纳瓦维在其著作《Rawdah》（《拉瓦达》）的“传记”（siyar）一章中指出了这一点。

It is overwhelmingly recognized that zakah was made compulsory in the second year after migration. It is said that zakah was prescribed before the fasting of Ramadan was prescribed. Nawawi pointed this out in the chapter on siyar (autobiography) of his book al Rawdah.

另一方面,据艾哈迈德·伊本·胡宰麦(Ahmad Ibn Khuzaymah)、奈萨仪(al Nasai)、伊本·马哲(Ibn Majah)和哈基姆(Al Hakim)传述,来自盖斯·本·萨益德·本·欧巴达(Qays bin Sa'id bin Ubadah),他说:"真主的使者在天课降下之前命令我们缴纳开斋济贫捐(al Fitr,即开斋天课)。之后,天课的义务才降下。"哈菲兹(Al Hafiz)指出,这段圣训的传述链是可靠的。这段圣训表明,开斋天课的义务早于常规天课的义务。因此,天课的义务应当是在斋戒斋月之后才确立的。[62]然而,斋月斋戒的义务是在迁徙之后确立的,这一点并无争议,因为论及此事的经文无疑是麦地那期间降示的。[62]伊本·阿西尔(Ibn al Athir)在其《历史》中记载,天课是在希吉拉第九年确立义务的。有人认为,塔尔拉白·本·哈推卜(Tha'labah bin Hatib)的故事可以佐证此说:当施舍的经文降下后,先知(愿主福安之)派遣一名工作人员向塔尔拉白收取天课。他回答说:"这看起来无非是人头税(jizyah)或人头税的姊妹。"人头税是在迁徙第九年确立义务的,因此天课也应在那时前后。《胡马里·巴里》(Fath al Bari)的作者说:"这段话很弱,不足以作为论据。"63

On the other hand, it is authentically reported by Ahmad Ibn Khuzaymah, al Nasai, Ibn Majah, and Al Hakim, from Qays bin Sa'id bin Ubadah, that he said: "The Messenger of God commanded us to pay sadaqah of al Fitr (fast-breaking zakah) before zakah was sent down. Later on, the obligation of zakah descended." Al Hafiz noted that the chain of this saying is correct. This saying shows that the obligation of fast-breaking zakah took place before that of regular zakah. Consequently, zakah would have been obligated after obligated after the fasting of Ramadan.62 It is not disputed, however, that Ramadan's fasting was obligated after Hijrah since the verse that talks about it is undisputably Madinan.62 Ibn al Athir in his History states that zakah was made obligatory in the ninth year of Hjrrah. This is supported, according to some, by the story of Tha'labah bin Hatib which states, "When the verse of sadaqah was sent down, the Prophet, (p), sent a worker to collect zakah from Tha'labah. "He answered, this is seemingly nothing but a jizyah or the sister of jizyah." Jizyah was obligated in the ninth year of migration, so zakah must be around then. The author of Fath al Bari said, "This saying is weak and does not stand in argument."63