穷人和贫困者是《忏悔章》中提到的天课受益人类别中的前两类，这说明天课的首要目标是消除社会中的贫困与赤贫。在一些圣训中，天课的这一目的因其最为重要而单独被提及，例如穆阿兹传述的圣训：先知ﷺ派他前往也门时说："告诉他们，真主已经为他们规定了一项天课，从他们中的富人那里征收，交给他们中的穷人。"

The poor and the needy are the first two categories of zakah deservants mentioned in sura al Tawbah, which illustrates that the first target of zakah is to eliminate poverty and destitution from society. This purpose of zakah, being the most important, is mentioned alone in some sayings, such as the saying narrated by Mu'adh, when the Prophet sent him to Yemen: "Inform them that God has prescribed on them a sadaqah, taken from the rich among them and rendered to the poor among them."

阿布·尤素福是阿布·哈尼法的弟子，伊本·卡西姆是马立克的弟子，他们认为"贫困者"（al-fuqara'）和"赤贫者"（al-masakin）属于同一类别。¹ 大多数学者则不同意这一看法。事实上，"贫困者"与"赤贫者"是同一类别下的两个子类。法学家和《古兰经》注释家对"贫困者"和"赤贫者"的具体含义存在分歧，尤其是当这两个词并列出现时。许多学者认为，这两个词相互关联，因此当提到其中一个时，它便包含了两者；但当二者同时出现在一句话中时，它们的含义便略有不同。在经文"天课只归于……"中，这两个词便是并列出现的。

Abu Yusuf, the disciple of Abu Hanifah, and Ibn al Qasim, the disciple of Malik, believe the poor and the needy are one category.1 The majority of scholars disagree. In fact, the poor and the needy are two subsets of one category. Jurists and commentators on the Qur'an differ as to the specific meaning of "the poor" and "the needy", especially when the two words are mentioned together. Many scholars argue that these two words are inter-related, so that if one of them is mentioned, it includes both, but when they are mentioned together in one statement, they carry slightly different meanings. In the verse "The sadaqat are only for . . . ." the two words appear together.

阿勒·塔巴里（Al Tabari）选择的观点是：“贫穷者”（fuqara'）指的是有需要、却又端庄自持、不肯乞讨的人；而“需要者”（masakin）则是有需要、却放下身段去乞求的人。他认为“需要”一词本身含有这层意思，正如经文所说：“他们陷于屈辱和困苦中。”{他们陷于屈辱和困苦中。}（《古兰经》2:61）关于“需要者”的圣训：“需要者不是那种得到一两颗椰枣就满足的人……而是那种端庄自持的人。”这并非对“需要者”一词的语言学解释，而是先知ﷺ对端庄品德之价值的肯定。这与他的另一句圣训风格相同：“真正的强者不是在摔跤中击倒别人的人，而是在愤怒时能克制自己的人。” 针对关于“需要者”的这段圣训，阿勒·哈塔毕（Al Khattabi）中肯地指出：“需要者是指四处乞讨的人。先知ﷺ提醒听众注意，乞讨者的需要可以通过他所得到的施舍而得到满足；而有需要却不乞讨的人，则可能被人忽略，其需要因此得不到满足。”5

Al Tabari selects the view that the word "poor" means the person who is in need, but is also modest enough not to beg,2 while the needy is the person who is in need but humbles himself in begging. He argues that the word "need" has this connotation, as in the verse, "They were in humiliation and misery [need]."3 The correct saying, "A needy person is not one who is satisfied with one or two dates but . . . the person who is modest," is not a linguistic explanation of the word "needy" but rather an assertion by the Prophet of the value of modesty. This is like his style in the saying, "The strong is not one who conquers others in wrestling, but one who controls himself when he is angered."4 Commenting on the saying about the needy, al Khattabi rightly argues that "the needy is a person who goes around begging, since the Prophet brought the attention of his audience to the fact that beggars' needs may be satisfied by what he or she receives, while a person who is in need but does not beg may be forgotten, so his or her need passes unsatisfied."5

法学家们对于贫困者(fuqara')与穷乏者(masakin)两者谁的处境更糟,也意见不一。沙斐仪派和罕百里派认为贫困者的处境更为糟糕,而马立克派和哈乃斐派则认为穷乏者的处境更为窘迫。双方都提出了语义层面的论据来支持各自的观点。然而,所有学者都认定,"贫困者"与"穷乏者"在词义上的差别是无法定论的,并且与天课的分析无关。

Jurists also do not agree as to whose state is worse, the poor or the needy. Shafi'ites and Hanbalities believe the status of the poor is worse, while Malikites and Hanafites believe the needy is in more dire circumstances. Both provide semantic arguments in support of their views. All of them, however, determine that differences in the meaning of "poor" and "needy" are not solvable and irrelevant to the analysis of zakah.

哈乃斐学派将"fuqara'"（穷人）定义为：拥有的财产和/或收入不足以满足其基本需要的人。他的财产要么低于尼萨布（nisab），要么已被用于维持基本生活所需，例如住所和衣物。而"masakin"（贫困者）则是一无所有的人。据此，属于此类别、有资格领取天课（zakah）的人，无论是穷人还是贫困者，可能是：

Hanafites define the poor as a person who has properties and/or income not sufficient to satisfy his or her essential needs. His or her property is either below nisab or used up for basic needs like shelter and clothing. The needy is a person who owns nothing. Accordingly, a deservant of zakah in this category, whether poor or needy, may be:

1. 一个一无所有的贫困之人。

1. A deprived individual who owns nothing.

2. 拥有住所、家具和衣物，但数量不足以满足基本需要的人。

2. A person who owns shelter, furniture, clothing, but not in sufficient quantity to satisfy basic needs.

3. 拥有的钱财不足一个尼萨卜（nisab）的人。

3. A persons who owns less than nisab of money.

4. 拥有的非货币财产未达到出舍标准（如骆驼）的人，前提是其财产的价值不足两百迪尔汗。7

4. A person who owns less than nisab of other than money, such as camels, provided the value of his or her property is less than two hundred dirhams.7

根据其他三大教法学派的观点，贫穷者（fuqara'）和困乏者（masakin）并非以尼萨布（nisab）来界定，而是以满足基本需要来界定。贫穷者是指其财产和收入远不足以满足其基本需要的人，而困乏者是指其财产和收入距离满足基本需要尚不太远的人。依此标准，应当获得天课（zakah）的贫穷者或困乏者可以是：

According to the other three major schools of jurisprudence, the poor and the needy are not defined with regard to nisab, but to satisfaction of essential needs. A poor person is one whose wealth and income are far from satisfying his or her essential needs, while a needy person is one whose wealth and income fall not much short of the satisfaction of essential needs. According to this criteria, a person who deserves zakah as a poor or needy may be:

1. 一个完全没有财产或收入的人。

1. A person who has no property or income at all.

2. 财富与收入仅能稍稍满足其基本必需之物的人。

2. A person whose wealth and income satisfy a little bit of his/her essential needs.

3. 财富与收入能满足基本生活需要的一半以上，但仍不足以完全满足这些需要的人。

3. A person whose wealth and income satisfy more than half of essential needs but still fall short of fulfillment of those needs.

关于满足基本需求的期限，马利基学派和罕百里学派认为应以一年为期，而沙斐仪学派则以受助者的预期寿命为准。沙姆斯·丁·拉姆利主张，若以贫困者或需要帮助者的余生作为期限，也不能因此将天课的受益范围扩大到富人，因为拥有能够产生足以满足基本需求收入的财产的人，不能被归类为贫穷或需要帮助的人。 贫困或需要帮助的人可能拥有一处足够居住的住所，他或她住在其中，但其收入仍可能不足以满足基本需求；同样的情况也适用于足够的衣物、女性的首饰、书籍以及工匠所用的工具。此外，若财产不在所有者的控制之下，所有者无法利用它来减轻贫困，则不计入其财产，例如位于另一国的财产，或因法律障碍而使所有者无法使用的财产。10

As for satisfaction of needs, Malikites and Hanbalites consider a one year period for such satisfaction, while Shafi'ites look to the expected life of the person. Shams al Din al Ramli argues that by taking the rest of the expected life of the poor or needy person, one may not expand the category of zakah deservants to include the rich, because a person who owns some property that yields a return sufficient to satisfy essential needs cannot be categorized as poor or needy.8 A poor or needy person may own an adequate residence in which he or she lives,9 yet his or her income may not be sufficient for the satisfaction of essential needs; the same may be said of adequate clothing, women's jewelry, books, and tools for craftsmen. Moreover, property not under the control of the owner which the owner cannot use to reduce the level of poverty is not counted, such as property in another country, or under legal obstacles that prevent the owner from using the property.10

有必要考察法学家对"富裕"所下的定义，因为通过这种对照，才能准确地确定贫穷者和需要者这一类别的界限。

It may be necessary to look at the definition of richness as given by jurists, since by such contrast one may determine exactly the boundary of the poor and needy category.

不得将天课给予富人。先知ﷺ说："……从富人那里取，分给穷人。"又说："施舍（sadaqah）对富人是不合法的。"11 将天课给予富人，意味着某个穷人便得不到天课，这违背了天课的目的，正如伊本·古达玛所述。12 通过了解谁是富人，我们便可以排除法，界定出贫穷者与需要帮助者。

Zakah must not be given to the rich. The Prophet said ". . . to be taken from the rich and rendered to the poor," and "The sadaqah is not lawful to the rich."11 Giving the rich zakah means some poor person is not being given zakah, and this violates the objective of zakah, as stated by Ibn Qudamah.12 By knowing who the rich are, we can as define by way of elimination the poor and needy.

然而，法学家们在此问题上也并未达成一致意见。苏夫扬·阿尔·萨瑞（Suffian Al Thory）、伊本·穆巴拉克（Ibn al Mubarak）和伊斯哈格·伊本·拉哈维（Ishaq Ibn Rahawah）认为，使人不再有资格领取天课的富足标准是五十迪尔汗，即金钱天课限额（尼萨布）的四分之一。伊本·麦斯欧德传述：“安拉的使者ﷺ说：‘一个人若拥有使他富足的财产却仍然乞求，那么他所得的一切，在审判日都会以他脸上的伤痕出现。’有人问先知ﷺ：‘什么是富足？’他回答：‘五十迪尔汗，或与之等值的黄金。’”据报道，艾哈迈德只在财产以金钱计算时才认同这一定义，但圣训学者批评家将伊本·麦斯欧德的这段圣训评定为弱传。15

Here again jurists do not have one unanimous decision. According to Suffian Al Thory and Ibn al Mubarak, and Ishaq Ibn Rahawah,13 richness that excludes a person from a zakah recipient14 is fifty dirhams, one-fourth the nisab of money. Ibn Mas'ud narrates, "The Messenger of God (p) said 'A person who asks while he has what makes him rich, whatever he gets appears on the Day of Judgement as cuts on his face.' The Prophet was asked, 'What is richness?' He answered, 'Fifty dirhams or its equivalent in gold.'" Ahmad is reported to share this definition only if the property is in money terms, but critics of hadith grade this saying from Ibn Mas'ud weak.15

即使这一说法是正确的，它也不能决定一个人是否有资格领取天课。它所表明的，只是如果一个人拥有五十迪尔汗，就禁止乞讨或请求施舍。有些学者认为，在先知时代，五十迪尔汗足以满足基本需要；另一些人则解释说，这些圣训是针对特定的人而说的，对这些人来说，五十迪尔汗已经足够。

Even if it were correct, the saying does not determine the eligibility for receiving zakah; all it indicates is the prohibition of begging or asking for charity, if a person owns fifty dirhams. Some scholars argue that fifty dirhams were substantial enough for the satisfaction of essential needs at the time of the Prophet and others interpret the sayings as addressed to specific individuals for whom fifty dirhams were sufficient.

支持第一种解释，al Khattabi说："这段圣训中并没有任何内容表明拥有五十迪拉姆的人没有资格领取天课。这段圣训表明乞讨是可憎的，因为乞讨只有在紧急情况下才被允许，而拥有五十迪拉姆的人并不属于这种情况。"17

Supporting the first interpretation, al Khattabi says "There is nothing in the saying to indicate that a person who owns fifty dirhams is not eligible for zakah. The saying showed it is hateful to beg for alms, since begging may only be allowed at times of urgency and this does not apply to one who has fifty dirhams."17

一个选择闲居、靠救济和经济帮助来依赖社会生活的人,尽管身体强健、有能力工作和谋生,按照沙斐仪派和罕百里派学者的意见,他没有资格领取天课。他们认为,天课不得以贫穷者和需要者的名义,交付给富裕之人,或有能力工作且收入足以满足个人和家庭所需的人。25 依我看,这一观点得到了沙里亚文本与原则的支持,以至于一些允许将天课给予有能力谋生的贫困者的哈乃斐派学者也说,这样的人接受天课并不妥当;也就是说,虽然给予他是允许的,但他接受天课在教法上是不合法的。哈乃斐派的大多数学者则认为,此种情况下接受天课并非被禁止,只是不可取。26 也有一些马立克派学者支持沙斐仪派和罕百里派的观点。27

A person who chooses to be idle and to live at the expense of society through charity and financial help despite being strong enough and capable of working and earning, is not eligible for zakah according to Shafi'ite and Hanbalite scholars, who say zakah must not be expended under the title of poor and needy to a rich person or a person capable of working at a job whose income is adequate to for personal and family need.25 In my opinion, this view is supported by the texts and principles of Shari'ah, to the extent that some Hanafites, who permit giving zakah to the poor person capable to earning, say it is not good for such a person to take zakah; i.e. if paying him is permissible, it is not lawful on his part to receive zakah. The majority of Hanafites maintain that receiving zakah is not prohibited here, but undesirable.26 Some Malikites support the Shafi'ites and Hanbalites in their view.27

原则上，伊斯兰教要求每一位有能力的男子都要工作。国家应当提供就业机会和经济机遇，使民众能够通过劳动获得生计上的自足。

In principle, Islam obligates working on each capable man. The state is supposed to provide jobs and economic opportunities for people to work and earn their sufficiency.

先知说:"人不曾吃过比自己双手劳动所得更好的食物。"28 对于一个能够找到与自身能力相符、足以维持生计的工作的人,拒绝工作而靠施舍或乞讨度日是不被允许的。先知穆罕默德ﷺ的一段圣训中明确说道:"富人或有能力且身体健全的人,不得接受天课(sadaqah)。"29 泰伯里(Al Tabari)记载,祖海尔·阿米里(Zuhayr al 'Amiri)曾遇见阿卜杜拉·本·阿慕尔·本·阿绥(Abd Allah bin 'Amr bin al 'As),问天课应归于何人。阿卜杜拉回答:"归于跛子、盲人,以及每一位残障或有缺陷的人。"祖海尔问道:"难道为真主之道而战的战士和天课管理者不也有权获得吗?"阿卜杜拉说:"战士和管理者依真主的许可而得,但以其工作所应得为限。"他接着说:"天课不得给予富人,也不得给予强壮而身体健全的人。"30 阿卜杜拉的这最后一句话,被他本人以及其他几位圣门弟子归于先知ﷺ的圣训之中。31

The Prophet says, "No person could eat food better than that earned by his own hands work"28. It is not permitted for a person who finds a job within his ability that would give him sufficient income to refuse it and live on charity or begging. In one of his sayings, the Messenger of Islam (p) frankly states, "The sadaqah is not lawful to a rich person or a capable and not handicapped person."29 Al Tabari reports from Zuhayr al 'Amiri that he met 'Abd Allah bin 'Amr bin al 'As and asked him to whom zakah belongs. 'Abd Allah replied, "It is for the lame, blind, and every handicapped or disabled person." Zuhayr asked, "Is there not a right to administrators of zakah and fighters for the sake of God?" 'Abd Allah said, "Fighters and administrators are permitted by God in as much as their work deserves," and continued, "The sadaqah is not lawful to the rich or the strong person who is not handicapped."30 This last sentence of 'Abd Allah is reported as attributed to the Prophet by 'Abd Allah himself and several other Companions.31

穆斯林法学家记载的一条值得称道的律例是:那些有能力谋生,却整日专心于敬拜、礼拜、斋戒等事,自己没有收入或资财的人,没有资格领受天课。这是因为功修的回报只归于行善之人本身,36 也因为《古兰经》命令人工作,并在大地上奔走以求生计。伊斯兰教不承认苦行主义,也不承认修道主义。为获得充足生计而劳作,若怀着良好的意图并恪守真主的界限,便是一种高尚的功修。

One of the admirable rulings recorded by Muslim jurists is that persons who are able to earn but spend all their time worshiping, praying, fasting, etc., without having an income or resources of their own, are not eligible to receive zakah, because the reward of worship is confined to the worshiper,36 and because he or she is ordained in the Qur'an to work and walk through the tracts of the earth in search of sustenance. Islam does not recognize asceticism or monasticism. Working to earn sufficiency in sustenance is a high-ranking form of worship, provided it is performed with a good intention and commitment to the boundaries of God.

将全部时间投入到某一门有益的学问中，并不会使一个人失去领取天课的资格。为帮助其实现这一目标，可以向此人给予天课，包括必要书籍的费用，无论所求的学问是世俗的还是宗教的。求知是社会中部分成员必须承担的集体义务。这种知识的益处惠及整个社会，而天课应当分配给两类人：一类是急需救济的人，另一类是穆斯林社会所需要的人。

Devoting one's time fully to acquiring a useful branch of knowledge does not remove a person from eligibility for zakah. Such a person may be given zakah in order to help him or her achieve that purpose, including the cost of necessary books, regardless of whether the branch of knowledge sought is earthly or religious. Seeking knowledge is a social obligation that some-members of the society must undertake. The benefit of this knowledge extends to the whole society, and zakah is due to two kinds of persons--those in need of relief and those needed by the Muslim society.

有些法学家还附加了一个条件：如果学生有能力谋生，则必须是杰出的学生，才有资格领取天课。他们的观点是有道理的。如今各国政府在提供奖学金时，通常也是这样做的。

Some jurists add the condition that a student, if able to earn, must be outstanding in order to be eligible for zakah.37 They have a point. This is usually practiced by governments today when they offer scholarships.

必须强调的是，最应当获得天课的人并不是乞丐，尤其是许多乞丐把乞讨当作职业；真正应得者是那些因为自尊而不肯开口求助的人。先知（愿主福安之）ﷺ强调说："贫困者是那种知足自重的人……你们若愿意，可以读这节经文：他们不会纠缠众人地乞求。"[38] 这节经文描述的是麦地那的贫穷迁士，他们致力于侍奉信仰，却没有足够的资源满足基本需要，但出于自尊，既不向人求助，也不乞讨。[39] 正如真主的使者所指引的，这样的人更应获得天课的援助。在同一段圣训的另一版本中，先知ﷺ说："贫困者不是那种四处向人乞讨、一口两口食物或一两颗枣子就能满足的人。真正的贫困者是那种找不到足够的所需，却又没有人知道其困境，因而无人给予他，他也不去向人乞求的人。"[40] 这提醒我们注意许多面临经济困难、却很少让他人知晓的个人和家庭。阿勒·哈桑·巴士里（Al Hasan al Basri）被问到，拥有房屋和仆人的人能否领取天课，他回答说，如果此人确实贫困，则可以。[41] 穆罕默德·本·哈桑（Muhammad bin al Hasan）在被问及一个拥有土地和建筑、但收入不足以满足其全部需要的人时，也给出了类似的回答，见于伊本·阿比丁的记载。42

It must be underlined that the people who deserve zakah most are not beggars, especially since many of them take begging as a profession, but rather those whose modesty prevents them from asking for help. The Prophet (p) emphasizes that "A needy person is one who is modest.. Read if you like they beg not importunately from all and sundry.38 The verse describes the poor migrants in Madinah who were serving the faith and did not have sufficient resources to satisfy their essential needs, but did not ask people or beg for help, out of modesty.39 Such people deserve the help of zakah more, as the Messenger of God guides us. In another version of the same saying, the Prophet says "The needy person is not one who goes around begging people, who can be satisfied by a bite or two or a date or two. The [true] needy person is one who finds not sufficiency but is not remembered by others, so that they give him, nor does he stand begging people."40 This brings our attention to many individuals and families who have financial difficulties but rarely let them be known by others. Al Hasan al Basri was asked whether a person who owns a house and servant can take zakah. His answer was a affirmative, if the person is in need.41 Muhammad bin al Hasan gives a similar answer when asked about a person who owns land and buildings whose income does not fulfill all his needs, as reported by Ibn Abidin.42

此外，前文已提及艾哈迈德（Ahmad）对类似情况的见解。43

Moreover, the opinion of Ahmad about similar cases was mentioned earlier.43

与此类似的说法也见于沙斐仪派和马立克派的学者。45 天课的目标不仅在于改善极度贫困、经济破产者的境况，也在于照顾那些基本需求未能得到充分满足的人。

Similar things are reported from Shafi'ites and Malikites.45 Zakah does not aim only to improve the state of the totally deprived and financially broken, but also of those who do not find full satisfaction of their essential needs.

关于这一问题，法学家们的不同观点可以归为两大倾向。第一种是给予足以满足社会上普遍公认的基本需要的数额，而不规定任何具体的数量；第二种是给予一个具体的数额，而法学家们在这一数额的确定上存在分歧。

The different views of jurists on this issue can be grouped into two major trends. The first is to give as much as is sufficient to satisfy the essential needs commonly known in society, without determining any specific amount, and the second is to give a specific amount in whose determination jurists differ.

第一种趋势似乎更符合天课的经文依据和立法目的。

The first trend seems to be more consistent with the texts and objectives of zakah.

这一趋势中可以指出两种主要观点：一种是给予足以满足一生基本需要的财物，另一种是只给予满足一年基本需要的财物。

Two major opinions can be pointed out in this trend, namely, to give what satisfies essential needs for the lifetime, or only for one year.

这一观点旨在给予穷人足以使其永远脱离贫困线的财物，从而使他们将来不再需要天课。纳瓦维在《麦吉慕尔》中说：

This opinion aims at giving the poor what is sufficient to remove them from the poverty level forever, in such a way that they would not need zakah in the future. In al Majmu', al Nawawi says:

我们的伊拉克同行，以及许多来自呼罗珊（今伊朗东北部）的学者，认为贫穷和需要帮助的人应当得到这样的给予：使他们永久地脱离贫困，达到足够的生活所需。这正是沙斐仪的观点。他们以库拜萨·本·穆赫利格·希拉利的一段圣训作为佐证，其中说，安拉的使者ﷺ说："乞求是不允许的，除非属于三种情况之一：承担了调解纷争者赔偿责任的人，可以乞求，直到获得足够维持生计的财物；遭受灾祸、使其财产全部耗尽的人，可以乞求，直到达到足够维持生计的程度；遭受贫困、以至于三位有见识的族人证实他确实陷入贫困的人，可以乞求，直到获得足够维持生计的财物。库拜萨啊，除这三种情况之外的乞求，对乞求者而言是恶行。"该圣训由穆斯林在其《沙希赫》（可靠圣训集）中辑录。

Our Iraqi colleagues, along with many from Khurasan [northeast of what is today Iran] believe that the poor and the needy must be given in such a way that they are permanently removed from poverty into sufficiency. This is the very opinion of al Shafi'i. They provide as supportive evidence the saying from Qubaysah bin al Mukhariq al Hilali that the Messenger of God said "Begging [or asking] is not permissible, except for one of three cases, It is lawful for a person who carries a financial charge [in reconciliation of] disputing people, to ask until he obtains sufficiency of sustenance; a person who is struck by a disaster that wipes his health out is permitted to ask until he reaches sufficiency of sustenance, and a person struck by poverty to the extent that three wise clansmen confirm that he is really hit by poverty is permitted to ask until he obtains sufficiency of sustenance. O Qubaysah, any asking beyond these three cases is evil on the part of the person who asks." Reported by Muslim in his correct collection.

我们的一些同仁认为，根据真主的使者的教导，允许乞讨直到达到足够的生活所需。这意味着天课分配的目的，是使贫困者和需要帮助的人达到上述的足够水平。一名工匠将被给予足以购买工具和设备的数额，使他能够工作并获得生计。这当然因时间、国家和个人能力的不同而有所差异。我们的一些同仁举例说，卖菜的人可以得到五到十迪拉姆，而以售卖珠宝为职业的人，如果不足一万迪拉姆就无法达到足够的生活水平，则可以得到一万迪拉姆。其他职业的人则根据其职业的需要给予相应的数额。农民将被给予足以获得生计的耕地或其部分。至于那些没有手艺或能力的人，则必须给予足够他们终生生活的生计，不受一年期限的限制。46

Our colleagues argue that asking is permitted by the Messenger of God until sufficiency is reached. This means the purpose of the distribution of zakah is to make the poor and needy reach their sufficiency as stated above. A craftsman would be given an amount sufficient to buy tools and equipment that allow him to work and gain his sustenance. This certainly differs according to time, country, and ability of individuals. Some of our colleagues give examples that a person who sells vegetables may be given five or ten dirhams, while a person whose profession is selling jewels would be granted ten thousand dirhams, if he cannot reach sufficiency with less than that amount. People of other professions would be given according to the requirement of their profession. Farmers would be given farming land or portions thereof that would be sufficient to gain them sufficiency of sustenance. As for those who have no craft or ability, they must be given sustenance sufficient for the rest of their lives, regardless of one year limitations.46

这是马立克学派的观点，大多数罕百里学派的学者，以及其他大多数法学家的观点。

This is the view of the Malikites, most of the Hanbalites, and most other jurists.

他们主张，贫困者和需要帮助的人应当获得足以维持一整年的供给，不多不少，其依据是：先知ﷺ曾为家人储备够一年所需的食粮，此外，天课是按年征收的，因此其分配也应按年进行。54

They argue that the poor and needy must be given their sufficiency for one full year, no more and no less, on the grounds that the Prophet used to keep for his family food needed for one year,53 and that zakah is collected on a yearly basis, so its distribution must be on a yearly basis too.54

无法用某一固定数额来确定一年的充足量，因为这取决于具体情况、需要以及家庭的规模。55

Sufficiency for one year cannot be determined by any given amount, since it depends on circumstances, needs, and size of family.55

为了充分理解伊斯兰教法学中“满足基本需求”或“足够需要”的概念，我们必须提及几点。首先，基本需求除了食物、衣服和住所之外，还包括满足其他人类基本欲望，尤其是性欲。伊斯兰教一方面不允许独身，另一方面禁止放纵的性行为。伊斯兰教为每一位有能力负担的人规定了婚姻，正如先知ﷺ所说：“有能力的人应当结婚，因为婚姻能帮助人低垂目光、保护贞洁。”56

In order to fully understand the concept of sufficiency or satisfaction of essential needs as used in Islamic jurisprudence, we must mention several points. First, essential needs include, in addition to food, clothes, and shelter, the fulfillment of other essential human drives, especially the sexual drive. Islam, on one hand, does not allow celibacy, and on the other hand forbids wanton sexual practices. Islam ordains marriage for everyone who can afford it, as the Prophet says "He who has the means and ability must get married, because this helps one lower one's gaze and guard one's modesty."56

因此，伊斯兰教法期望帮助那些想要结婚却没有必要经济条件的人。学者们认为，婚姻开支应被纳入那些尚无配偶、需要结婚者的充足生活保障范围之内。57

Consequently, Shari'ah is expected to help those who want to be married but do not have the necessary financial means. Scholars argue that marriage expenses are included in the level of sufficiency for those who have no spouses and need to get married.57

有些学者甚至认为，对于不满足于一位妻子的男子而言，娶第二位妻子的开销也应计入他的经济能力范围之内。58

Some scholars go as far as assuming that, for a man who is not satisfied with one wife, the cost of marrying a second wife is also part of his level of sufficiency.58

"Umar bin 'Abd al 'Aziz"通常被称为第五位正统哈里发，他下令四处寻访贫困者、负债者以及想要结婚却无力负担的人，从穆斯林国库中拨款给予他们帮助。59

'Umar bin 'Abd al 'Aziz, who is usually called the fifth of the Wise Successors, ordered people to search for the needy, those who are under burden of debt, and those who are seeking marriage, in order to help them from the treasury of the Muslim state.59

这一观点原本基于阿布·胡赖赖（Abu Hurairah）的一段圣训：有一个人来到先知ﷺ那里，说："我娶了一位安萨尔（Ansar）的女子。"先知ﷺ问："你给了她多少聘礼（mahr）？"那人回答："四乌基叶（uqiyyah）[相当于160迪尔汗]。"先知ﷺ惊讶地说："四乌基叶？仿佛你是从这座山的一侧开采白银一样！我们没有可以给你的东西[来帮助你]，但我们可以派你去执行一项任务，你或许会因此有所收获。"60 这段圣训表明，先知ﷺ通常会从国库中拨款用于此类事务，但当时库中并无足够的钱财，于是他设法采取其他方式来提供帮助。

This view is originally based on the saying from Abu Hurairah that a man came to the Prophet (p) and said, "I have married a woman from the Ansar." The Prophet said, "How much mahr did you give her?" The man answered, "Four uqiyyah [160 dirhams]." The Prophet exclaimed, "Four uqiyyah?" As if you are cutting silver from the side of this mountain! We do not have what we can give you [to help] but we may send you on a mission where you may gain something."60 This saying indicates that the Prophet was wont to give funds from the treasury for such a purpose, but did not have enough at the moment, so he tried other means for help.

在比较这两种观点时，必须注意它们并不是相互排斥的。每一种观点在适用于其恰当的范畴时，都可能是最好的。

In comparing these two views, one must note that they are not exclusive. Each of them may be the best when applied in the proper arena.

穷人和贫困者可以分为两类。第一类是有能力工作、能够谋生的穷人和贫困者，例如手艺人，以及懂得某种需要资本或设备才能经营的行业的人。应当给予他们所需之物，使他们能够终身谋生，从而不再属于天课的受领者之列。第二类是因身体残障而无法谋生的人，例如老人；或因社会境况而无法谋生的人，例如抚养子女的寡妇。可以给予他们足够一年的生活所需，但须每年重复给予。甚至可以考虑每月发放，而不是每年一次发放。

The poor and the needy may be classified into two subcategories. First are the poor and needy who can work and earn sustenance, such as craftsman and those who know any kind of business that needs capital or equipment for its practice. It is obligated to give them what they need in order to enable them to earn their sustenance for the rest of their lives, so that they are no longer on the list of zakah recipients. Second, there are those who are incapable of earning because of a physical handicap, like the elderly, or social handicap, like widows who are raising children. They may be given sufficiency for one year, provided that it is repeated every year. It may even be advisable to give them monthly payments instead of yearly payments.

值得注意的是，在我区分了贫困者和需济者的这些子类别之后，我发现早有一些罕百里学派的学者已先于我提出了这一看法。《Ghayat al Muntaha》的注释者在提到艾哈迈德关于某人拥有房产、其收益不足以维持生计的情形的观点后写道："这样的人有权从天课中获得足以满足其需要的部分，例如购置器材所需的数额，或所需的资本（如果此人是商人）。另一方面，其他类别的贫困者和需济者则应给予足以供其一年所需的数额，因为天课每年都会重复缴纳。"67

It is interesting to note that after I made this distinction of the sub-categories of the poor and needy, I discovered that I was preceded by some Hanbalite scholars. The commentator on Ghayat al Muntaha, after mentioning the opinion of Ahmad on the case of a person who owns real estate which yields returns that are not sufficient for the person's living, writes, "Such a person has the right to be given his sufficiency from zakah, such as an amount needed to buy equipment, or needed capital, if the person is a businessman. On the other hand, other kinds of the poor and needy should be given what suffices them for one year, since zakah is repeated every year."67

阿布·哈尼法及其弟子认为，给予任何一位贫困或需要帮助之人的天课，不得超过两百迪尔汗。另有学者认为，最多可给五十迪尔汗；还有学者认为，应当给予一天的食物。伊本·哈兹姆驳斥了这些观点，他说："天课的支付可以很多，也可以很少，没有任何限制，因为《古兰经》和圣训都没有规定任何上限。"68

Abu Hanifah and his disciples argue that no more than two hundred dirhams per person can be given to any poor or needy individual. Others decide a maximum of fifty dirhams can be given; yet others argue that food for one day is to be given. Ibn Hazm rejects these opinions because "payment of zakah may be very large or very small, without any limitation, since both Qur'an and Sunnah do not obligate any limit."68

在他的《伊حياء》(al Ihya')中,安萨里选择了保留足够一整年的食物,并认为这一做法的根据在于:使者(ﷺ)曾为自己的家人储备足够一年的食粮。此外,一年是估算一个人所需的合理时间跨度。安萨里补充道:

In his al Ihya' al Ghazali selects giving what is sufficient for one full year and argues that this has its origin in the fact that the Messenger (p) used to keep food sufficient for one year for his own family.69 Moreover, one year is a reasonable span of time for estimating the needs of the person. Al Ghazali adds:

不同学者对于应给予多少有不同的看法。有些学者认为只需给予一昼夜的生活所需，他们引用了圣萨赫勒·本·汉扎利耶传述的圣训作为依据：先知（ﷺ）禁止富人乞讨，有人问他什么是富足，他回答说："晚餐和夜宵。"70 另有学者认为，应给予的数额须达到以尼萨布所确定的富足标准，因为真主只向富人规定了天课。这些学者还补充说，贫穷的人可以从天课中为家中每人取得相当于一个尼萨布的数额。还有一些教法学家以五十迪尔汗或等值的黄金来确定富足的标准，依据是伊本·马斯欧德传述的圣训：使者（ﷺ）说："凡是已拥有足以致富之物却仍去乞讨的人，他在复活日到来时，脸上会带着伤痕。"有人问先知："什么是富足？"他回答说："五十迪尔汗或等值的黄金。"71 有人认为，这段圣训的传述链不够坚实。

There are different opinions as to how much should be given. Some scholars say as little as sustenance for one day and night, arguing that this is indicated by the saying reported from Sahl bin al Hanzaliyah that the Prophet (p) prevented begging for the rich, whereupon he was asked what was richness, and answered "Dinner and supper.70 Others argue that payment must be up to the limit of richness, as determined by nisab, since God obligates zakah on the rich only. These scholars add that the poor may take from zakah an amount equal to nisab for each person in the family. Yet other jurists determine richness at fifty dirhams or its equivalent in gold, on the grounds of the saying reported from Ibn Mas'ud that the Messenger (p) said, "He who begs while he has what makes him rich will appear on the Day of Judgement with cuts on his face." The Prophet was asked, "What is richness?" He answered, "Fifty dirhams or its equivalent in gold."71 It is argued that the chain is not strong enough.

有人还说，限度只有四十迪拉姆，这是引自阿塔（'Ata'）的说法。

Some others also say the Limit is only forty dirhams, as quoted by 'Ata'.

在另一个极端，我们看到一些法学家主张从高标准出发。有人说，应当给予贫穷的人足够的资金购买一块田产，使他终生得以富足，或给予同样用途的经营资本，依据是欧麦尔的话："当你施舍时，就要使人富足。"还有人甚至主张，对于陷入贫困的人，应当给予足以使他恢复原有生活水平的财物，哪怕是一万迪尔汗，除非这不合常规。阿布·塔勒哈因忙于照料果园而耽误了拜功，于是决定把果园作为施舍捐出，但先知ﷺ说："把它给你的亲属，那对你更好……"阿布·塔勒哈随后将它赠给了哈桑和阿布·凯塔德。一座果园给两个人，那可真是极大的富足了……

At the other extreme, we find jurists going on the high side. Some say the poor person should be given what is needed to buy a farm that would enrich him for the rest of his life, or business capital for the same, in accordance with 'Umar's statement, "When you give, you must enrich." Some people go as far as saying that a person who is impoverished must be given to the extent that brings him back to his previous standard of living, be it ten thousand dirhams, unless it is uncustomary. When Abu Talhah was so occupied with working in his orchard that he missed prayer, he decided to give the orchard away as charity, but the Prophet said, "Give it to your kindred, that is better for you , . . ." Abu Talhah then granted it to Hasan and Abu Qatadah. An orchard for two men is a whole lot of enrichment . . . .

在叙述阿布·塔勒哈将果园赠予哈桑和阿布·卡塔damah之后，阿布·欧拜德问道：这样一座果园的价值会有多少？尤其是再加上阿布·塔勒哈为了避免别人认为他的行为是沽名钓誉而刻意隐藏其施舍的记载，而那果园又十分巨大。阿布·欧拜德补充说："虽然这项施舍只是自愿的，但它所适用的规定同样适用于天课的义务。因为，如果从天课的收入中取走大额财物是被禁止的，那么从自愿施舍中取走大额财物就更应被禁止；而如果从施舍中取走那么多是合法的，那么以义务天课的形式取走那么多也应同样合法。"73 阿布·欧拜德接着提到了'Umar、'Ata'等人的言论，即本章前面提到过的内容，然后说："所有的叙述和证据都表明，给予穷人和贫困者的财物没有上限。相反，只要分配者的决定不带偏私和个人好恶，就宜多给。一位富有的人看到一个正直的家庭急需住所，便为他们购买一处住宅，并支付一笔巨款，以便用他的天课为这一家人提供体面的居所，这不仅是尽了他的天课义务，也是做了最能取悦真主的善事。同样，一位富人解救一名遭受压迫的奴隶，即便他可能不得不支付一笔巨额的一次性款项，情况也是如此。"74

After mentioning the story of Abu Talhah's giving of the orchard to Hasan and Abu Qatadah, Abu 'Ubaid asks how much the value of such an orchard would be, especially if it is added that Abu Talhah tried to hide his charity out of fear that somebody might think of his action as showing off on his part, because it was big. Abu 'Ubaid adds "although this charity was only voluntary, what applies to it applies to the obligation of zakah, since if it were forbidden to take big amounts from the proceeds of zakah, it would be more forbidden to take big amounts from voluntary charity, and if it is lawful to take that much in charity, it should be as lawful to take that much in the form of obligatory zakah."73 Abu 'Ubaid goes on to mention the statements of 'Umar, 'Ata', and others, referred to earlier in this chapter, then says, "All narrations and evidence indicate that what is given to the poor and needy has no limit. Rather, it is preferred that more be given, as long as the distributors make their decisions without bias or personal preferences. A rich man who sees that a righteous family is in need of a residence and buys that residence for them, paying a big amount in order to provide that family with a decent home out of his zakah, would not only be performing his zakah, but also doing the best that would please God. The same applies to a rich man who liberates a slave who is under oppression, although he may have to pay a big lump sum."74

前文的讨论表明，天课分配的目标是实现充足、适当的生活水准，并帮助穆斯林保持在贫困线之上。这种标准的最低限度，是提供合理的食物、衣着和住所，伊本·哈兹姆、纳瓦维等许多学者都有此论述。

The preceding discussion shows that the objective of zakah distribution is to realize an adequate and suitable standard of living and to help Muslims stay above the poverty level. The minimum of such standards is the provision of reasonable food, clothing, and shelter, as stated by Ibn Hazm, al Nawawi, and many others.

按照我们沙斐仪学派同仁的观点，所考虑的标准是食物、衣物、住所以及其他必需品，且其标准应适合贫穷之人及其家属全体，既不过于奢侈，也不过于吝啬。75

Al Nawawi says, "According to the view of our colleagues in the Shafi'i school, the consideration is for food, clothes, shelter and other needs, at a standard that is suitable but not extravagant for the poor person and all members of his family."75

在当代语境下，其他的需要还应包括教育、医疗以及其他社会必需品。这些需要只能依据时间和地域来确定，无法为所有情况设定一个绝对的定义。

Using contemporary terms, the other needs must include education, health care, and other social necessities that can only be determined by time and locale; no absolute definition can be applied to all cases.

必须注意的是，前面的讨论导向这样一种观点：天课是对穷人持续、定期的救济，无论是新近陷入贫困者，还是残障人士。对于需要脱离贫困的人，给予能够满足其需要的帮助；对于无法谋生的人，则在一定时间间隔内给予定期救济。让我们看一个发生在欧麦尔时代的事例，它有助于我们了解天课的分配。 欧麦尔在正午时分于一棵树的树荫下小憩。一位贝都因妇女走来，四下张望，然后走近他，说："我是一个贫困的妇人，有孩子要养。信士的长官欧麦尔派穆罕默德·本·麦斯莱迈到我们这一带分发天课，但他没有给我们任何东西。请你替我们和他说说话好吗？"欧麦尔对仆人亚尔法说："把穆罕默德·本·麦斯莱迈带来见我。"那妇人并不知道自己在和谁说话，便说："如果你陪我去找穆罕默德·本·麦斯莱迈，对我会更有帮助。"欧麦尔说："他会来的，真主愿意。"随后亚尔法带着穆罕默德来到欧麦尔面前，说："信士的长官，愿你平安……"那妇人发现自己一直在和哈里发说话，感到十分窘迫。欧麦尔说："凭真主起誓，我一直挑选你们中最优秀的人担任官员。当真主问及这位妇人的事时，我们将怎样回答真主呢？"穆罕默德的双眼充满了泪水。欧麦尔接着说："真主向我们派遣了祂的先知，我们信仰他并追随他，他一直在履行真主赋予他的使命。他将天课分发给应得之人，分给贫困的人们，直到真主收取他的灵魂；之后真主让阿布·伯克尔做了我们的统治者，他遵循使者的道路，直到去世。然后真主让我做了统治者，我尽力挑选你们中最优秀的人担任我的官员。下次你到她的地区去时，把去年和前年的天课都给她。我甚至不知道是否还要再派你们中任何人去。" 于是欧麦尔请人牵来一头骆驼，连同一些面粉和油交给她，并对那位妇人说："拿着这些东西，到海巴尔与我们会合，因为我们正要往那里去。"那妇人到了海巴尔见到他时，他又给了她两头骆驼，并说："这些也许足够你维持生计，直到穆罕默德·本·玛斯莱麦来到你那里。我已吩咐他把去年和前年属于你的权利交给你。"76

It is essential to observe that the preceding discussion leads to the view of zakah as regular and continuous relief to the poor, whether newly impoverished or disabled and handicapped, whereby people who need to be removed from poverty are given what satisfies their needs, while people who cannot earn are given regular relief at certain intervals. Let us look at an incident from the time of 'Umar, which provides insight into the distribution of zakah. 'Umar was napping at midday in the shade of a tree. A bedouin woman came and looked around, then approached him. She said, "I am a needy woman and I have children, 'Umar, the Prince of the Believers, sent Muhammad bin Maslamah to distribute zakah in our area, but he did not give us any. Would you please talk to him on our behalf?" 'Umar told his servant Yarfa' "Bring me Muhammad bin Maslamah." The woman, not knowing to whom she was talking, said, "It would be more helpful if you went with me to Muhammad bin Maslamah." 'Umar said,. "He will come, God willing." Then Yarfa' came with Muhammad to 'Umar, and said, "Peace be upon you, O Prince of Believers . . . ." The woman felt embarassed upon discovering she had been addressing the Caliph. 'Umar said, "By God, I have always selected the best of you as officers. What will we answer God when He asks about this lady?" The eyes of Muhammad were filled with tears, and 'Umar continued, "God sent to us His Prophet, and we believed and followed him as he was doing what God ordained him to do. He distributed the sadaqah to its deservants among needy people until God took his soul; then God gave us Abu Bakr as a ruler, who followed the tradition of the Messenger until he died. Then God made me ruler, and I did my best to select the best of you as my officers. When you go next time to her area, give her the sadaqah of last year and the year before. I don't even know whether I want to send you any more." Then 'Umar asked for a camel to give her along with some flour and oil, and addressed the woman, "Take these and meet us in Khaibar, for we are heading there." When the woman met him in Khaibar, he gave her two more camels, saying, "This might sustain you until Muhammad bin Maslamah reaches you. I have ordered him to give you your right from last year and the year before it."76