1.1 斋戒后的天课
1.1 Zakah After Fasting
从所有的圣训以及伊斯兰义务立法的历史发展来看,似乎很明显:五次拜功是最先被规定为义务的。这发生在麦加的登霄之夜。斋戒于迁徙后第二年被规定为义务,之后开斋时的天课也被规定为义务,它既是斋戒者的净化,也是在开斋节之日使贫困者欢喜。至于财产的天课,则是之后才被规定为义务。但要找到确凿的证据来说明其确切的规定年份是非常困难的,不过,据哈菲兹·伊本·哈哲尔所言,达曼·本·萨's拉baa的圣训表明,天课在迁徙后第五年已经被规定为义务。
It seems to be evident from all the sayings together and from the historical development of the legislation on Islamic obligations that the five prayer were the first to be made obligatory. That happened in Makkah on the night of Ascendance, fasting was obligated in the second year after migration, then zakah on fast-breaking was also obligated as a purification for the person who fasts and to bring happiness to the indigent on the Day of the Feast: zakah on wealth was made compulsory later on. But it is very difficult to find decisive evidence that tells the exact year of its obligation, although the saying of Dammam bin Tha'labah indicates that zakah has already been obligated by the year five of hijrah according to al Hafiz Ibn Hajar.
伊本·穆夫利哈在《al-Furu'》中引用了阿尔-瓦利比从伊本·阿拔斯传来的一段记载:真主派遣了他的先知(愿主福安之)来传达只有真主才是应受崇拜者的见证。当人们接受之后,礼拜被增加了。当他们接受之后,斋戒被增加了。在他们接受之后,天课被增加了。当他们接受之后,朝觐被增加了。当他们接受这一切之后,圣战被增加了,于是宗教就完备和圆满了。
Ibn Muflih mentioned in al Furu' the report of al Walibi from Ibn 'Abbas that: God has sent his Prophet (p) with the testimony that there is no diety but God. When they accepted, they were increased the prayer. When they accepted, fasting was added. After they accepted, zakah was added. When they accepted, hajj was added. And when they accepted that, then jihad was added, and thus the religion was perfect and completed.
他引用了经文:"今天,我已为你们完成了你们的宗教,完成了我对你们的恩典,并为你们选定伊斯兰作为宗教……"65 这与伊本·阿ext{}基勒在《Al-Wadih》中所说的一致,即天课是在斋戒之后才被规定的。66
And he quoted, "This day have I perfected your religion for you, completed my favor upon you and have chosen for you Islam as your religion...,65 This is consistent with what Ibn 'Aqil said in al Wadih, i.e. zakah was prescribed after fasting.66
天课:伊斯兰的第三大支柱
Zakah The Third Pillar of Islam
先知(愿主福安之)在麦地那确立了天课的义务。他宣示了天课的重要性及其在宗教中作为主要支柱之一的地位。他鼓励人们缴纳天课,并严厉警告拒绝缴纳者。这些内容见于许多圣训,形式多样。例如在那段广为流传的圣训中:吉卜利勒以请教的方式来教导穆斯林他们的宗教,他向先知(愿主福安之)发问。
The Prophet (p) affirmed in Madinah the obligation of zakah. He pronounced its importance and rank in the religion as one of the principal pillars. He encouraged its performance, and strongly warned against rejecting its payment. All this came in many sayings and styles. We see it in the reputed saying about when Jibril came to teach Muslims their religion by politely questioning the Prophet: He asked the Prophet (p)
"什么是伊斯兰?先知(p)回答说:“伊斯兰就是作证:除真主外别无应受崇拜的,穆罕默德是真主的使者;谨守拜功,缴纳天课,斋戒莱麦丹月,如果能够前往,就朝拜天房。”(双方公认的圣训)* 在伊本·欧玛尔所传的著名圣训中,先知说:“伊斯兰建立在五件事之上:作证除真主外别无应受崇拜的,穆罕默德是真主的使者;谨守拜功;缴纳天课;斋戒莱麦丹月;有能力到达者朝拜真主的天房。”(双方公认的圣训)在这两段圣训以及其他许多圣训中,使者(p)"
"What is Islam? The Prophet (p), answered, "Islam is to testify that there is no diety but God and Muhammad is the messenger of God. to establish prayer, perform zakah, fast Ramadan, and make pilgrimage to the House if you can go there." (Agreed upon)* In the famous saying narrated by Ibn 'Umar, "Islam is founded on five: giving witness that there is no diety but God and Muhammad is the messenger of God, establishing prayer, practicing zakah, fasting Ramadan, and pilgrimage to the House of God for whoever can reach it" (Agreed upon). In these two sayings and in many others, the Messenger (p)
他宣布伊斯兰的支柱有五项,其中天课是第三项。天课在圣训中被确定为第三根支柱,在《古兰经》中同样如此,没有它,伊斯兰的大厦便无法屹立。
declared that the pillars of Islam are five, among them zakah is the third. Zakah is declared as the third pillar in Sunnah as well as in Qur'an, without which the structure of Islam does not stand.
在一些圣训中,先知(ﷺ)只提到了其中的部分支柱,但他总是把礼拜和天课放在他所号召的、并与人订立盟约的事项之首。
In some sayings the Prophet (p) only mentioned some of those pillars, but he always mentions prayer and zakah in the forefront of what he calls for and takes covenant on.
例如伊本·阿拔斯传述的一段圣训,载于两部《圣训真本》(即)
An example is the saying narrated by Ibn 'Abbas in the two correct books (of hadith, i.e.
(布哈里和穆斯林的圣训辑录)先知ﷺ派穆阿兹前往也门时对他说:"你将要去见有经典的民众。你要召唤他们作证:除真主外别无应受崇拜者,我是真主的使者。如果他们服从你这一点,就告诉他们:真主为他们规定了每天每夜的五拜。如果他们服从你这一点,就告诉他们:真主命他们缴纳天课,从他们的富人中收取,交给他们的穷人。如果他们服从你这一点,那你就要小心,不要取他们其他的财物和珍宝。你要极其畏惧受压迫者的祈祷,因为它与真主之间没有任何屏障。"这段圣训只提到了拜功和天课,是为了说明真主赋予它们何等特殊的重要性,尤其是在召唤伊斯兰的事上。这两项功修连同作证信仰,足以表明伊斯兰的样貌,正如经文所说:"如果他们悔罪、坚守拜功并完纳天课,他们就是你们在宗教上的弟兄。"(这段圣训也说明了应当委派人员征收和分配天课,天课的缴纳与分配不能任由个人自行决定。)
the compilations by Bukhari and Muslim). The Prophet (p), when he sent Mu'adh to Yemen told him,67 "You are going to folks from the People of the Book. Call upon them to testify there is no diety but God and I am the messenger of God. If they obey you in that, inform them that God prescribed upon them five prayers every day and night. If they obey you in that, inform them that God obligated them to practice sadaqah to be collected from their rich individuals and rendered to their poor individuals. If they obey you in that, then carefully avoid their other wealth and valuables. Be very fearful of the prayer of an oppressed person since there is no barrier between such a prayer and God." The hadith mentions only prayer and zakah in order to show how much special importance God has given to them, especially when the matter is the call to Islam. These two tenets, along with the declaration of faith, should be sufficient indication of Islam, as it is, in the verse "But if they repent, establish prayer and perform zakah they are your brethren in religion." (This saying also indicated the assignment of workers to collect and distribute zakah and that payment and distribution of zakah is not left to the individuals' initiative.)
严厉警告拒绝缴纳天课
Strong Warning Against Rejection of Payment of Zakah
有几段圣训提到了使者(愿主福安之)对拒不缴纳天课者的警告。对来世严厉惩罚的警告,旨在唤醒沉睡的心灵,震撼吝啬的灵魂,使人既因正面的鼓励,也因对刑罚的畏惧而施舍。如果他们不能带着觉醒的良知履行这一义务,便由国家的权力与权威来征收天课。
Several sayings mention the warning the Messenger (p) gave to those who reject the payment of zakah. Warning of severe punishment in the hereafter is aimed at awakening dormant hearts and shaking miserly souls to give by both positive encouragement and fear of punishment. If they do not perform this duty with awakened consciouses, the power and authority of the state is used to collect zakah.
后世的惩罚
Punishment In The Hereafter
布哈里(Bukhari)记述,艾布·胡莱赖(Abu Hurairah)说:真主的使者ﷺ说:"凡是真主赐予他财富,而他不缴纳天课的人,在复活日,那财富会变成一条头顶秃、长着两只角的巨大毒蛇,缠绕着他,日夜不停地勒他,然后抓住他的嘴唇说:'我是你的财富,是你所聚敛的宝藏。'"随后,先知ﷺ诵读了这节经文:{不要以为吝啬真主所赐恩惠的人,吝啬对他们是好事,相反,那是坏事。他们所吝啬的财产,将在复活日被套在他们的颈项上。} 在另一段圣训中,穆斯林(Muslim)记述,先知ﷺ说:"凡拥有金银而不缴纳其应付天课的人,在复活日,那些金银会被打造成火狱之火烧红的薄板。在一个长达五万年的日子里,它们将烙烫他的前额、后背和两侧,直到真主在所有人之间作出判决。之后,他将被引向乐园或火狱,看清自己的去向。凡拥有牲畜(骆驼、牛、羊)而不缴纳其应付天课的人,在复活日,这些牲畜将被牵来,用蹄子践踏他,用角顶撞他。每当最后一只践踏完毕,第一只又会被牵回来,重复践踏与顶撞,直到真主在祂的所有仆人之间作出判决,那一天长达你们的五万年。之后,他将被引向乐园或火狱,看清自己的去向。"
Bukhari reported from Abu Hurairah, "The messenger of God, (p) said: "He who is given wealth by God but he does not pay its zakah, that wealth is made for him, on the Day of Judgment, the form of a huge bald serpent with two horns, encircling that person and squeezing him all day, then holding him by lips telling him, 'I am your wealth, your treasure that you hoarded'. Then the Prophet quoted the verse, 'and let not those who covetously withhold the gift that God hath given them of His grace, think that it is good for them. Nay, it will be the worse for them. Soon shall the things which they covetously withheld be tied to their necks like a collar on the Day of Judgment'.70 In another saying, Muslim reports that the Prophet (p) said: "He who owns gold and silver and does not pay the dues on them they will be made, on the Day of Judgment, like sheets heated by the fire of Hell. His front, back and sides will be ironed with these sheets on a day which is as long as fifty thousand years, until judgment is given to all human beings and he will be shown his way to the Garden or to the Fire. He who owns cattle or sheep and does not give their dues, they will be brought on the Day of Resurrection to stamp an him with their hoofs and pinch him with their horns. When the last one finishes with him the first will be brought again to continue that stamping and pinching until God gives judgment to all his servants, on a day that is as long as fifty thousand years of yours. Then he will be shown his way to the Garden or to the Fire."
惩罚今生中拒绝缴纳天课者
Punishment In This Life to Those Who Reject The Payment of Zakah
圣训不仅警告那些不缴纳天课的人在后世会受到惩罚,还进一步警告他们今世也会遭受惩罚:来自真主的惩罚,以及来自国家的刑罚。有圣训说:"凡是不缴纳天课的民族,真主必以灾难、饥荒或旱灾使他们受苦。"[71] 另一段圣训说:"凡是不缴纳其财产天课的民族,除了牲畜之外,天上的雨水必将被阻止降下。"[72] 又说:"天课若与任何数量的财产混杂,必会毁坏并腐蚀它。"[73] 据敦迪里(al-Mundhiri)的解释,这段话有两层含义:第一,凡应缴的天课未被缴纳,就会成为毁坏该财产的原因。另一段圣训支持这一含义:"任何财产在陆地或海洋上被毁坏,都可能是因为其天课未被缴纳。"[74] 第二,如果某人作为受领者领取天课,而他并不符合领取资格,却将其与自己的财产混在一起,那就会成为其全部财产腐烂的原因,这是伊玛目艾哈迈德的观点。75
The Sunnah did not merely threaten of punishment in the Hereafter for those who do not pay zakah, but went on to warn them of a punishment in this life, punishment from God and a penalty from the State. A hadith states, "There is no people, who do not pay zakah, left without being made to suffer by God through disasters, or famine or drought."71 In another saying, "Any people who do not pay zakah on their wealth, verily they will be prevented rain from sky except for animals and livestock."72 And also, "Zakah is never intermingled with any amount of wealth without destroying and rotting it."73 This saying has two meanings according to al Mundhiri: Firstly, that whenever due zakah is not paid it will be a cause for ruining that wealth. This meaning is upheld by another hadith that states "Whenever any amount of wealth is destroyed in the land or in the sea it could be because its zakah was not paid."74 Secondly, if a person who takes zakah as recipient without deserving that zakah and mixes it with his wealth, that will be a reason for rotting all his wealth, according to Imam Ahmad.75
不交天课者的法律处罚
Legal Penalty for He who Does Not Pay Zakah
法定的惩罚由先知(愿主赐福他并使他平安)提到:"凡为寻求真主的回赏而缴纳者,必得回赏;凡拒绝缴纳者,我们将从他那里取走它,连同他一半的财产,这是出于我们的主所赋予我们的权柄。穆罕默德的家族不得取用其中的任何收益。"76 这段圣训包含几项重要原则。
The legal penalty is mentioned by the Prophet, (p): "He who pays it seeking the reward from God will be rewarded and he who refuses to pay it, we shall take it from him, along with half of his wealth, and by the authority given to us by our Lord. The clan of Muhammad are not allowed to take anything of its proceeds."76 This saying includes a few important principles.
首先,天课原则上是信士出于真诚而支付的,目的是为了取悦真主并祈求祂的回赐,因为穆斯林被命令通过缴纳天课来崇拜真主。
Firstly, zakah is, in principal, paid out of sincerity on the part of the believer for the sake of pleasing God and seeking reward from Him, since a Muslim is ordained to worship God by paying zakah.
其次,被吝啬所支配、拒不缴纳天课的人,并不会就此免于缴纳,仍会被强制征收。天课是一项由国家执法权力所保障的法律制度。国家必须运用其权威来征收天课,此外还要施以处罚(相当于囤积者财产的一半)。
Secondly, He who is overcome by his miserliness and refuses to pay zakah is not left without payment being extracted from him anyway. Zakah is a legal institution that is supported by the law-enforcement power of the state. The state must use its authority to collect zakah in addition to the penalty, (equal to half the wealth of the hoarder)
由真主和祂的使者所规定。有人说,这一刑罚只在伊斯兰教初期施行,后来就被废止了。77 没有任何证据表明此项废止,我认为国家可以施行这一刑罚,以防止人们滥用伊斯兰教的这一教义。
imposed by God and His Messenger. Some say that this penalty was levied only at the beginning of Islam but was annuled later.77 There is no evidence whatsoever of this annulment and I feel that the state can impose this penalty in order to prevent people from abusing this tenet of Islam.
第三,对拒绝缴纳天课者所施加的严厉惩罚,显示了伊斯兰教对贫困者及其他应受照顾群体权利的重视程度。至于先知ﷺ,以及他的所有家人和后裔,他们都不得接受天课的任何收益;无论以何种名义,天课对他们都是禁止的。这与犹太教的慈善制度形成对照:在犹太教中,十分之一的捐献被指定给利未人,即哈伦的后裔,并且其中一部分曾被用于供养其他宗教领袖。78
Thirdly, the strong penalty imposed on those who reject paying zakah shows the extent to which Islam cares about the rights of the poor and the other deserving categories. As for the Prophet, (p) all members of his family, and his descendants, they are not allowed to receive any of the proceeds zakah; it is made unlawful to them no matter under what title, in contrast with charity in Judaism, where one-tenth of it is assigned to the Levites, the descendants of Harun, and part of it used to be spent for other religious leader.78
对拒绝缴纳天课者的作战
Fighting the Rejecters of Zakah
那些拒绝缴纳财产天课的人,如上所述将受到罚款。但如果发生一群人集体拒绝缴纳天课的情况,伊斯兰政府应当与这群人作战,因为这代表对国家和伊斯兰教的叛乱。虽然众所周知,战斗意味着流血和财产毁坏,而伊斯兰教旨在避免这些,但当战斗是为了在大地上建立公正而进行时,它就变得合法且被允许。至于拒绝天课者,他们因公开宣布对真主及其使者的叛逆,拒绝这一伊斯兰教的基本支柱,已经失去了其生命和财产所应享有的尊重与保护。与叛逆的天课拒绝者作战这一问题,得到了可靠的圣训以及众圣门弟子一致立场的确认。布哈里和穆斯林从伊本·欧麦尔的传述中记载,真主的使者ﷺ说:"我奉命与不信道者作战,直到他们作证除真主外别无应拜之主,穆罕默德是真主的使者,并且谨守拜功、完纳天课。如果他们做到了这些,他们的血和财产就受到保护,除非依照伊斯兰法律的规定;而他们的清算则在于真主。"他们还从艾布·胡莱赖的传述中记载:"真主的使者ﷺ说:'我奉命与不信道者作战,直到他们作证除真主外别无应拜之主,并信仰我和我所带来的启示。如果他们这样做了,他们的血和财产就受到保护,除非依照法律的规定;而他们的清算则在于真主。'"穆斯林和奈萨仪从贾比尔·本·阿卜杜拉那里也记载了类似的圣训。这些圣训清楚地表明,拒绝缴纳天课者必须被作战,直到他们缴纳为止。或许当艾布·伯克尔和欧麦尔争论是否可以与拒绝天课者作战而不否认其他支柱如拜功和斋戒时,这些圣训尚不为他们所知。80
Those who refuse to pay zakah on their wealth are fined as above. But if it so happened that a group of people refused to pay zakah collectively, that group should be fought by the Islamic government because this represents a rebellion against the state and Islam. Although fighting implies as we know, bloodshed, and destruction of property that Islam aims to avoid, but fighting becomes legitimate and permissible when it is done for the establishment of justice on earth. As for the rejecters of zakah, they have lost the respect and protection of their lives and property by declaring their rebellion against God and His apostle by rejecting this basic pillar of Islam. This matter of fighting rebels against zakah is affirmed by correct sayings and the unanimous stand of the Companions. Bukhari and Muslim reported from Abdullah bin 'Umar that the messenger of God (p) said: "I am commanded to fight unbelievers until they testify there is no diety but God and Muhammad is the messenger of God, establish prayer and practice zakah. If they do all that, their blood is protected except by the due course of Islamic law and to God is left their reckoning," They also reported from Abu Hurairah "The messenger of God (p) said, 'I am commanded to fight unbelievers until they testify there is no diety but God and believe in me and in what I brought. If they do so, then they have protected their blood and property except by due course of law, their reckoning is left to God". And a similar saying is reported by Muslim and Nasa'i from Jabir bin Abdullah.79 These sayings clearly indicate that rejecters of zakah payment must be fought until they pay. It may be that these sayings were not known to Abu Bakr and 'Umar when they argued whether it is lawful to fight those who reject zakah without denying the other pillars of Islam, such as prayer and fasting.80
在神的使者去世之后,几个阿拉伯部落起兵反叛,拒绝缴纳天课,尽管他们仍然坚持日常的礼拜,并且宣称信仰神。另外还有一些彻底叛逆的部落背离了伊斯兰教,并拥立假先知,例如说谎者穆赛利迈、萨贾,以及泰莱哈·阿斯蒂及其各自的部族。
After the death of the messenger of God, several Arab tribes rebelled and rejected the payment of zakah though they continued their regular prayer and they declared faith in God. There were also totally rebelious tribes that turned back from Islam and claimed false prophets such as Musailamah the Liar, Sajah, and Tulaihah al Asdi and their clans.
天课是宗教所公认的一部分
Zakah Is Part of What is Recognized in Religion
最后需要指出的是,天课作为伊斯兰教的一根支柱,属于那些必然为人所知的宗教原则。它由古兰经中明确的经文所确立,由先知的大量圣训所确立,并且历代穆斯林的一致共识(公议)也予以确认。86
It is important lastly to point out that zakah as a pillar of Islam, is among those principles that, are necessarily known to be part of religion. It was instituted by clear verses in the Qur'an by abundant sayings of the Prophet and has been affirmed by the ijma' (Unanimity) of Muslims, generation after generation.86
否认天课等同于否认信仰
Denying Zakah Equals Denying Faith
我们已经说明了天课在伊斯兰教中何等重要,以及它在伊斯兰教的各项义务中地位何等崇高。现在是时候提到,学者们已经确定:否认天课的义务等同于不信,并构成背教。纳瓦维说:"凡因否认天课义务而不交纳天课者,被视为不信者,但若此人是新近皈依伊斯兰教的,或者一生都生活在远离信息来源的地方(例如偏远的沙漠中),则不在此列。这种人应当首先被告知天课义务的重要性。如果他坚持否认,那便是不信,因为天课义务是这一宗教的根本,没有它,伊斯兰教便失效了。否认这一义务的人,就是否认真主及其使者的话语,因此是不信者。伊本·古达麦和其他学者也确立了这一裁决。"[88]凭着这一一致的裁决,我们应当认识到:那些否认天课或嘲笑天课的人,在真主看来是何等卑微。
We have shown how important zakah is in Islam and how high it is ranked among Islam's obligations, It is now time to mention that scholars have established that the denial of its obligation is equal to disbelief and apostating from Islam. Nawawi said, "Anyone who does not pay zakah on the basis of denying its obligation is considered a disbeliever except if that person is new in Islam or has lived all his or her life far from sources of information (in an isolated desert, for example). Then he or she should first be made aware of the importance of the obligation of zakah. If he or she insists on denying it, then that is disbelief, because the obligation of zakah is basic to this religion, without which Islam becomes annulled. That who denies this obligation denies the words of God and His Messenger, and therefore is a disbeliever. This ruling is also established by Ibn Qudamah and other scholars.88 With this unanimous ruling we should realize the low rank in the eyes of God those, who deny zakah or ridicule it assume.
伊斯兰教中的天课与其他宗教中的天课之间的主要区别
The Main Differences Between Zakah in Islam and Zakah in Other Religions
首先,伊斯兰教中的天课(Zakah)并非仅仅是交由个人德行自行决定的善举,作为善功的一部分。它实际上是这一宗教的基本支柱之一,是其主要的功修之一,也是四项主要崇拜中的第二项。不缴纳天课,就如同走入歧途。否认其义务者被视为信仰的叛离者。这一义务既有伊斯兰伦理价值的支撑,也有伊斯兰国家法律的力量保障。
Firstly, zakah in Islam is not a mere charity left to the righteousness of individuals, as part of their good deeds. It is rather an essential pillar of this religion, one of its major rituals and the second of its main four forms of worship. Not paying it is like going astray. He who denies its obligation is considered disbeliever, It is an obligation supported by the ethical values of Islam as well as by the power of law in the Islamic state.
其次,天课是穷人在富人财富中所享有的权利,这一权利由财富的真正所有者——真主所规定,并强加于真主所托付财富管理权的人身上。因此,天课既不会使受助者感到卑微或受辱,也不会使富人在道德或社会地位上获得更高的位置。
Secondly, zakah is a right to the poor in the wealth of the rich, a right decided by the true Owner of wealth, God and imposed on those who have bean given control of that wealth by Him. Zakah thus does not humble or humiliate the receiver nor does it make the rich get a higher rank, ethically or socially.
其次,天课(Zakah)是一项被确立且有明确规定的义务,由伊斯兰教法(Shari'ah)所确定,使穆斯林能够清楚地了解这项义务的比例、条件和豁免情况。
Thirdly, zakah is a recognized and defined due, determined by Shari'ah so that Muslims may know with clarity the ratios, conditions, and exemptions of this due.
第四,伊斯兰国家负有征收和分配天课(zakah)的责任。就此而言,天课更像是必须征收的税,而不是可以自愿施舍的捐献。《古兰经》说:“你要从他们的财产中取出天课(sadaqah)”,圣训则说:“要从富人那里征收。”
Fourthly, the Islamic state is charged with the responsibility of collecting zakah and distributing it. Zakah is in this respect like a tax that must be collected and not like a contribution that is granted. The Qur'an states, "Take out of their wealth sadaqah" and the Sunnah says, "to be taken from the rich".
第五,国家有权惩罚拒绝缴纳天课的人。这种惩罚可以包括罚款,罚款数额可达其财产的一半,正如那段圣训所说:"我们将连同拒绝者一半的财产一并取走。"
Fifthly, the state has the right to penalize that who refuses to pay zakah. This penalty may include a fine of as much as half the assets as mentioned in the saying, "we shall take it along with half the wealth of the rejecter".
第六,任何一群人若想以武力抗拒缴纳天课,伊斯兰政府都将与之作战。对他们宣战,直到他们同意缴纳真主所规定的、应缴给穷人的财产义务为止。
Sixthly, any group of people that thinks of using force in resisting the payment of zakah would be fought by the Islamic government. War is declared on them until they accept to pay the due on their wealth, imposed by God, to the poor.
第七,即便国家不征收,个体穆斯林也有责任履行伊斯兰这一基本义务,因为缴纳天课本身就是穆斯林献给主的一种功修。即使政府不要求征收,信仰和《古兰经》仍然要求他这样做。每位穆斯林都应当了解天课的所有规定,以便按照伊斯兰教法规定的条件来缴纳。
《驳斥沙赫特关于天课性质的主张》
Disproving The Claims of Schacht About The Nature of Zakah
值得梳理一下那些自认为在西方占据知识权威地位、却未表现出任何科学研究所必需的诚实的人所提出的带有偏见的论断。夏赫特在《伊斯兰百科全书》中"天课"条目下写道:89
It may be useful to go throgh the biased claims of some who assume the position of knowledge in the West without exhibiting the necessary honesty that is required for any scientific research. Schacht said under the title 'Zakah' in the Encyclopedia of Islam,89
先知的圣训中包含一些应当缴纳天课的情况,这些情况与后来所形成的天课制度并不完全一致。在所有情况下,先知在世时天课的性质仍不明确,它也还不是宗教所规定的一种税收。正因如此,先知去世后,许多阿拉伯部落拒绝缴纳天课。他们认为,他们与先知所立的缴纳天课之约,随着先知的去世而终止了。一些信士,包括欧麦尔·本·哈塔卜,倾向于接受这种观点。(第358页)
"The tradition of the Prophet includes cases where zakah is obligated which are not in consistency with the institution of zakah as it came to be known later. In all cases, the nature of zakah at the time of the Prophet, (p) was still ambiguous and it was not one of the taxes required by religion. That is why many Arab tribes refused to pay it after the death of the Prophet (p). They considered that their covenant to pay it with the Prophet came to an end at his death. Some believers, including 'Umar bin al Khattab, were inclined to accept that view." (p 358).
沙赫特没有说明他所指的是先知的哪些圣训,因此我们无法讨论他那些毫无根据的论断。此外,他所说的"后来形成的天课制度"(the institution of zakah as it came to be known later)暗示,这一天课制度是穆斯林在先知时代之后某个时期捏造出来的,它并非真主启示的制度,而是由穆斯林从波斯人和罗马人那里获得的环境条件和人类经验所塑造的。这一论断本身是一个由来已久的谬论,沙赫特和其他东方学家长期以来都因此而受到指责。 经由《古兰经》的经文、先知可靠而优美的圣训,以及众门徒和贤明的哈里发(Al Kulafa" al Rashidin)的传承所证实的真相是:天课是一项纯粹的伊斯兰制度。它是一项独特而前所未有的制度,任何没有偏见的人都会承认,这是来自真主的恩赐;还有谁的恩赐比真主更好呢?
Schacht did not mention which sayings of the Prophet he referred to so we can discuss his unfounded claims. Additionally, his words "the institution of zakah as it came to be known later" imply that this system of zakah was fabricated by Muslims some time after the era of the Prophet: that is, it is not a system revealed from God but it was created by the conditions and the human experience that Muslims gained from the Persians and the Romans. This, in itself, is an old falsehood with which Schacht and other Orientalists have long been branded. The truth that is confirmed by verses of the holy Qur'an, correct and good sayings of the Messenger, and the heritage of the Companions and the Wise Successors (Al Kulafa" al Rashidin) is that zakah is a pure Islamic system. It is a unique and unprecedented institution which any person who is not ridden by prejudice would agree that it is a tint from God; who has better tint than God?
这种关于先知时代天课含糊不清、并非宗教义务的说法就更加荒谬了。我很想知道,一个自称熟悉伊斯兰教法与伊斯兰法理的研究者,要如何证明他所说的先知时代天课含糊不清、不是宗教义务这一论断。尤其是我们已经列出了先知(愿主福安之)的圣训,这些圣训明确规定了应纳天课的财产种类,包括先知时代阿拉伯人所知的各种增值财富,如牲畜、农产品,以及金银。圣训也清楚地规定了天课的百分比与比例,从十分之一、二十分之一到四十分之一不等,适用于不同种类的财富。先知的圣训还规定了缴纳天课的时间和周期性的模式。天课的分配去向,在《古兰经》中已有明确规定,在圣训中则有更详细的说明。
The claim of ambiguity of zakah at the time of the Prophet is even more ridiculous. I wonder how a person who claims to be a researcher with insight into Islamic jurisprudence and Shari'ah could prove this statement of his that zakah at the time of the Prophet was ambiguous and was not a religious requirement, especially since we have shown the sayings of the Prophet (p) that determine kinds of assets that are zakatable which includes all kinds of growing wealth known to the Arabs in the Prophet's era, such as livestock, agricultural products, and gold and silver. The percentages and ratios of zakah are also determined in a clear manner in the sayings, ranging from ten percent to five percent to two and a half percent on different kinds of wealth. The tradition of the Prophet also defined the time of payment and the pattern of periodicity of zakah. The destinations of zakah are also well defined in the Qur'an and in more detail in Sunnah.
65. 《筵席章》(Sura al Ma'idah),5:3。
65. Sura al Ma'idah, 5:3.
66. 《الفروع》,载于汉布里学派教法,第2卷,第217页和第318页,第二次印刷。
66. Al Furu', in Hanbalite Fiqh, vol. 2, pp. 217 and 318, second printing.
67. 沙wkānī说:他是在第10年被派遣的,就在先知(愿主赐福并使其平安)前往朝觐之前,这是布哈里在《先知的出征与战役》章节末尾所记载的。有人说他是在第9年,即从塔布克战役归来时被派遣的。
67. Al Shawkani said: he was sent in the year 10 just before the Prophet (p) went for pilgrimage as reported by Bukhari at the end of the chapter on "travels and battles of the Prophet." some said he was sent in the year 9 upon returning from the Battle of Tabuk.
有人说他是在攻克麦加的同一年,即第八年被派遣的。然而,大家一致认为,他一直留在也门,直到先知去世、艾卜·伯克尔继任之后。至于他是作为总督还是仅作为法官被派遣,也存在分歧。伊本·阿卜杜勒·巴尔认为是后者,而奈萨仪则确认是前者。参见《Nayl at Awtar》第4卷第115页,奥斯曼尼亚·米斯里亚版。
Others said he was sent the same year of opening Makkah in the year 8. It is agreed on, however, that he stayed in Yemen until after the death of the Prophet and his succession by Abu Bakr. There are also differences on whether he was sent as a governor or only as a judge. Ibn Abd al Barr believes the latter while al Nasa'i confirms the former. See Nayl at Awtar, vol. 4 p. 115, 'Uthmaniah Misriah Print.
68. 之所以只提到穷人,是因为他们是最重要、最常见的受益群体,同时也是为了与施予者(富人)形成对比。
68. Poor alone are mentioned because they are the most important and common category of recipients and also for contrast between the payer (rich) and receiver (poor).
69. 《伊本·凯西尔注释》第2卷第235-238页。
69. Commentary of Ibn Kathir vol. 2 pp 235-238.
70. 《伊姆兰的家属》(Al 'Imran)第3章第180节。
70. Sura Al 'Imran 3:180.
71. 由塔巴拉尼在其《奥萨特》中转述,其传述链可靠;哈基姆和拜海吉也有转述,但后两者的原文是"任何民族若拒绝缴纳天课,天主必定会对他们降下雨水的停止"。哈基姆称该圣训依照穆斯林(Muslim)的标准为真实可靠。参见《劝善与戒恶》(al Targhib wa al Tarhib)第1卷,第270页,努迈里耶出版社版本;以及《见闻汇集》(Majma al Zawa'id)第3卷,第96页。 72.
71. Reported by al Tabarani in his al Awsat, with a trustworthy chain of narrators and by al Hakim and al Bayhaqi, but the latters' words were "whenever any people refuse to pay zakah God would verily withhold rain from them". Al Hakim said it is correct according to the criteria of Muslim. See al Targhib wa al Tarhib, vol. 1, p.270, print of al Numairiah, and Majma al Zawa'id, vol. 3, p. 96. 72.