天课受益人的第六类是负债者。按照哈乃斯学派的观点，这一类包括所有没有拥有超过偿还债务所需之财产（即超过尼萨布）的人。另一方面，马立克、沙斐仪和艾哈麦德则将负债者区分为两类：一类是因个人用途而负债的人，另一类是因其社会和政治责任而负债的人。这种区分意味着两类人的裁决有所不同，因此二者将分别加以讨论。

The sixth category of zakah deservants is persons under debt. According to the Hanafite school, this group includes all who do not own nisab above what is needed to pay their debts.1 On the other hand, Malik, al Shafi'i, and Aamad distinguish between two kinds of debtors, those whose debts are for personal use and those whose debts are caused by their social and political responsibilities. This distinction implies differences in the ruling of those two categories, and each shall be discussed alone.

该子类别仅限于因个人原因负债、且其资产和收入不足以在满足基本生活需要之外偿还债务的人。债务可能是为消费开支而借入的，包括婚姻、医疗费用、建造个人居所之用的住房等，也包括因对他人承担的责任而产生的债务。泰伯里转述阿布·贾法尔引述古塔德的话说，对于那些借债而不奢侈、却又无力偿还债权人的人，国家应从公库中替他们偿还债务。2

This subcategory is limited to individuals who are under debts used for personal reasons and do not have assets and income sufficient to rid them of their debt in addition to satisfying their essential needs. Debts may have been borrowed for consumer expenditures, including marriage, medical bills, building a house for personal residence, etc., and debt resulting from accrued liability toward others. Al Tabari reports from Abu Ja'far from Qatadah that the state must pay from the treasury debts of those who borrowed without extravagance, yet do not have enough funds to repay their creditors.2

这一类人中还包括那些遭受自然灾害或意外事故、财产被毁、因而被迫借贷以维持基本生活需要的人。穆扎希德(Mujahid)曾说:"这一子类包括三种人:财产被洪水毁掉的人、财产被火灾毁掉的人,以及家中人口众多却无力供养、为养活家人而借债的人。"③在库拜萨·本·穆哈里布(Qubaisah bin al Mukharib)的一段圣训中,艾哈迈德(Ahmad)和穆斯林(Muslim)记载,先知ﷺ说……

Also in this group are those hit by natural disasters or accidents that destroy their assets and force them to borrow in order to continue fulfilling basic needs. Mujahid is reported to have said, "Three kinds are included in this sub-category: a person whose wealth is destroyed by flood, a person whose wealth is destroyed by fire, and a person with many dependents and no means, who borrows to support his family."3 In the saying from Qubaisah bin al Mukharib, reported by Ahmad and Muslim, the Prophet (p)

允许遭遇灾祸、财产被全部毁掉的人，向国家索取他应得的天课，直到他获得足够的生活所需。

allowed a person hit by a catastrophe that wipes out his wealth, to ask the state for the zakah which is his right, until he procures sufficiency of sustenance.

因此，天课是一种针对灾难和意外所造成经济损失的保险，这种保险比所有已知的保险形式早了几百年。

Zakah is thus an insurance against the financial effects of catastrophes and accidents, an insurance which preceded all known forms of insurance by several hundred years.

这种保险在质量和全面性上都优于西方现代的保险形式。西方保险只对投保人给予赔付，赔付金额与所缴保费成比例，这使富人能够投保更高的金额；而伊斯兰教的天课保险则救济遭受灾难的人，无需他们缴纳保费，赔付金额由受影响者的需要决定，而非由其缴纳保费的能力决定。

This insurance is of higher quality and comprehensiveness than modern forms of insurance in the West. Western insurance compensates only subscribers, with contractual amounts proportionate to the premium paid, which allows the wealthy to insure for higher sums, while the Islamic insurance of zakah compensates those affected by disaster, without requiring them to contribute premiums, and the amount of compensation is determined by the need of the affected persons, and not by their ability to pay premiums.

对于个人债务者提供援助之前，必须满足四个条件：

Four conditions must be met before aid is given to those under personal debts:

1. 债务人必须确实有经济上的需要。拥有足以偿还债务之财产的人，不得接受天课的救济。①没有足够财产、但能以收入偿还债务的人，仍可因偿还贷款需要一段时间而有资格领取天课。此条件并不意味着债务人必须一贫如洗。学者们明确指出，住所、衣物、家具、器皿、仆人以及必要时的交通工具，都不被视为偿还债务所应动用的财产。如果债务数额超过债务人现有的财产，则可以用天课来支付其差额。

1. The debtor must be in need of financial aid. Persons who own wealth sufficient to cover their debts may not be given from zakah.4 Individuals who do not own sufficient wealth but can pay their debts from their earning may still be eligible for zakah on the grounds that repaying the loans from their income would take time. This condition does not imply that the debtor must be totally destitute. Scholars explicitly state that shelter, clothing, furniture, utensils, servants, and transportation if needed are not considered wealth from which loans must be paid. If the amount of debt is more than available wealth of the debtor, zakah may be given to pay the difference.

2. 债务必须源于合法的伊斯兰行为，例如为赡养家庭而借债。用于被禁止之事的借款，例如饮酒，或在合法物品上过度奢侈的借款，不得以天课偿还。

2. The debt must have stemmed from Islamically lawful activity, such as borrowing to support the family. Loans used for prohibited practices, such as consumption of alcoholic beverages, or extravagance in lawful items cannot be paid with zakah.

在合法之物上的奢侈浪费是被禁止的，经文说："亚当的子孙啊！每逢礼拜，你们应当穿戴整齐；你们当饮食，但不要浪费，因为主不喜爱浪费者。"这一条件的依据是：用天课来偿还因违禁消费而欠下的债务，就如同帮助罪人，并鼓励他人沉溺于罪恶。若负债者悔过，则可以给予他天课，因为悔悟能洗清此前的过错。也有一些法学家附加条件：对因非法行为而欠下的债务，须等待一段足以证实其悔悟真诚的时间，之后才能给予这位悔过者天课用于偿还债务。

Extravagance in lawful items is prohibited by the verse "O children of Adam, wear your beautiful apparel at every time and place of prayer; eat and drink, but waste no by excess, for God loves not the extravagant."5 This condition is based on the principle that giving zakah to pay a debt caused by prohibited spending is like helping sinners and encouraging others to indulge in sin. If the debtor repents, he or she may be given zakah, since repentance washes out what preceded it. Some jurists add the condition that a period of time sufficient to confirm the sincerity of repentance must lapse before the repentant debtor can be given zakah to pay due debts caused by unlawful activity.

3. 债务必须是已到期、需立即偿还的。如果债务是延期偿还的，学者们对于能否把天课给予负债人存在分歧。有人不赞成这样做，另有人则认可在债务于一年内到期的情况下这样做。另一方面，有学者主张，延期债务的负债人无论其债务的到期日如何，都可以得到天课，理由是他们包含在“负债者”这一一般性定义之中。我认为，在这三种观点之间作出选择，只有在知道天课的总收入以及其他类别应得者的需求之后才可能。然后，视剩余的情况而定，可以扩大延期债务的覆盖范围，也可以加以限制。

3. The debt must be due immediately. If the debt is deferred, scholars differ on whether the debtor may be given zakah. Some disapprove of this and others approve if the debt is due within one year. On the other hand, some scholars argue that debtors of deferred loans may be given zakah regardless of the due date of their loans, on the grounds that they are included in the general definition of individuals under debt.6 I think any choice between these three opinions can only be made after knowing the total proceeds of zakah and the requirements of other categories of deservants. Then, depending on the residual, one can expand the coverage of deferred debts or restrict it.

一个负债的人会获得足以偿还债务的金额。由于此种情况下的天课款项专门用于偿还债务,如果部分或全部债务通过其他途径得以清偿(例如由志愿者代为偿还),或债权人减免了部分债务,那么未用于偿还债务的那部分天课必须退还给天课机构。

A person under debt is given an amount sufficient to rid him or her of debts. Since the zakah payment in this case is exclusively for the payment of debts, if any or all of the debts are fulfilled by other means (such as by volunteers) or discounted by the creditors, the portion of zakah not used for the satisfaction of debts must be returned to the zakah institution.

值得稍作岔题，来看看伊斯兰教对负债人和借贷的立场。

It is worthwhile to digress briefly and look at Islam's stance on debtors and borrowing:

A. 伊斯兰教教导穆斯林在生活中保持中庸与节俭，并鼓励他们避免借债。

A. Islam teaches Muslims moderation and economy in living and encourages them to avoid borrowing.

B. 如果环境迫使穆斯林借贷，他们必须在周密规划之后借，并且要有偿还债务的充分意图。先知ﷺ说："凡是为了归还而向他人借钱的人，真主会帮助他履行所欠的债务；而凡是为了挥霍和耗尽而借钱的人，真主会毁灭他。"9

B. If circumstances force Muslims to borrow, they must do so after careful planning and with full intention of paying back the loan. The Prophet says, "As for the person who takes funds from others with the intention of returning them, God helps him fulfill his due, but as for the person who takes funds with the intention of consuming and destroying them, God will destroy him."9

C. 如果债务人尽管有证据表明其有良好的意图，却无法偿还全部或部分债务，国家会让他免受债务的负担与屈辱。有话说："债务是夜里的忧愁，白天的羞辱。"先知曾这样向主祈祷："我的主啊，我求你保佑，免受债务的重负，免受敌人的胜利，也免受敌人幸灾乐祸。"ﷺ10

C. If the debtor is unable to pay all or some of his debts in spite of evidence that shows his good intention, the state saves him from the burden and humiliation of debt. It is said that "debts are a source of depression in the night and humiliation in the day." The Prophet used to supplicate God, "O my Lord, I seek refuge in You from the burden of debt and from defeat by the enemy, and from giving enemies [the opportunity to] gloat."10

债务不仅会给借债人带来焦虑和不安全感,还会影响他的行为和品德。先知(p)常常祈求真主庇佑,使自己不致负债。有人问他,为什么把求助于真主免于债务,与求助于真主免受坟墓中的刑罚、免受今世的诱惑以及免受伪弥赛亚的诱惑相提并论。他回答说:"人若被债务所累,说话就会撒谎,许诺就会食言。"先知采取了多种方式劝阻his同伴借债,甚至拒绝为一个去世时仍有未偿还债务的人主持葬礼祷告。想到如果先知拒绝为某人的葬礼祷告,此人将会何等蒙羞,人们便能体会到这种劝阻所产生的广泛影响。

Debts are not only a source of anxiety and insecurity for the borrower, but they also affected the borrower's behavior and morality. The Prophet (p) often asked God for protection from being under debt. He was asked why he associated seeking refuge from debts with seeking protection from punishment in the grave, from the temptation of worldly life, and from the temptation of the false messiah. He answered,"Indeed, when a man is burdened by debt, if he speaks he lies and if he promises he breaks his promises."11 The Prophet used several means to discourage his Companions from borrowing, even declining to pray at the funeral of a person who died leaving unfulfilled debts. Knowing how disgraced a person would be if the Prophet refused to pray at his funeral, one can realize the extensive effect of such discouragement.

这一类包括品德高尚、德高望重的人，他们为公共利益而奔走，例如调解群体与个人之间的纠纷，常常以自己的财产支付赔偿金和赎金。他们也可能承担公益项目，例如兴建孤儿院、清真寺、穷人医院或儿童学校，因此可能负债。这类人可以用天课来帮助偿还债务。根据一些沙斐仪学派学者的意见，即使这些人是富有的，也应当支付足以清偿其债务的数额。 库拜萨·本·穆哈里格·希拉利说："我承担了一项财务责任（为平息两个纷争的群体而承担赔偿），于是我去见真主的使者ﷺ，请求他的帮助。他说：'你留在这里，等天课到来，我们就从中给你。'"先知接着说："库拜萨啊，乞求是不允许的，除非是以下三种人：承担财务责任（为调解众人）的人，可以合法地求助，直到那笔财务负担得以清偿，此后便不得再求助。遭受灾祸、财产被全部毁掉的人，可以合法地求助，直到他的生活达到一个可以维持的水平；遭受贫困、且有三位明智的族人证实他确实陷入贫困的人，可以求助，直到他获得足够的生活所需。库拜萨啊，超出这些范围的乞求都是恶行，接受者所得之物，等同于恶之所得。"20

This category includes benevolent persons of stature who undertake activities for the public interest, such as reconciliation of disputes among groups and individuals, often by paying compensation and ransom from their own assets. They may also undertake projects of public benefit, such as building orphanages, mosques, hospitals for the poor, or schools for children, which may put them in debt. Persons of this kind are helped to pay their debts with zakah.18 According to some Shafi'ites, such individuals should be paid what satisfies their debts, even if they are rich.19 Qubaisah bin al Mukhariq al Hilali says, "I accepted a financial responsibility [to reconcile two disputing groups] and I went to the Messenger of God (P) to ask for help. He said, "Stay here until [the proceeds of] zakah come, so we can give you from it." The Prophet Continued, "O Qubaisah, asking is not permissible except for three persons: One who accepts financial responsibility [for reconciling people] may lawfully ask until that financial charge is satisfied. Then he must not seek any more help. One who is struck by disaster that wipes out his wealth may lawfully ask until he reaches a satisfactory level of sustenance, and one hit by poverty such that three wise clansmen confirm that he is struck by poverty may ask until he procures sufficiency of sustenance. O Qubaisah, any asking beyond that is evil. It is eaten by the person who accepts it as evil."20

这句话表明，一个人如果在调解他人之间纠纷的过程中承担了经济责任，那么即使他本身是富有的，也可以请求天课来帮助他履行这份责任，因为生活所需充足的条件在此并不适用。21

This saying indicates that a person who accepts financial responsibility in the process of reconciling differences among other people can ask for zakah to help discharge that responsibility, even if that person were rich, because the condition of sufficiency of sustenance does not apply.21

纳瓦维说，沙斐仪学派对此有两种相反的观点。一些人认为，用天课偿还已故者的债务是不允许的。这一观点与纳赫阿伊、艾布·哈尼法和艾哈迈德的见解一致。另一种观点则允许这样做，依据是相关经文的一般含义。这也是艾布·萨尔的观点。据传，艾哈迈德认为，不能用天课偿还已故者的债务，因为这种支付必须交给债务人本人，而此时债务人已经去世。 赫拉希在其对海利勒文本的注释中说："债务人是死是活没有区别，国家必须用天课偿还债务。"一些法学家甚至认为，已故者的债务比在世者的债务更优先，因为在世者将来或许能够偿还。 古尔图比评论说："我们学派的学者以及其他学派的学者都认为，已故者的债务可以用天课偿还，因为他作为债务人，被包括在'负债者'一词之中；尤其是先知ﷺ……"

Al Nawawi says there are two opposing views among Shafi'ites about this. Some believe it is not permissible to pay the debts of deceased persons from zakah. This view is consistent with the opinion of al Nakha'i, Abu Hanifah, and Ahmad. The other opinion is to allow this action, on the basis of the general implication of the pertinent verse. This is also the view of Abu Thawr.22 It is reported that Ahmad argues that zakah payment for the debts of the deceased cannot be made because such payment must be made to the debtor himself and the debtor in this case is dead.23 Al Khirashi, in his commentary on the text of Khalil, says "It makes no difference whether the debtor is dead or alive. The sate must pay the debts from zakah. Some jurists even argue that debts of deceased persons have priority over those of living persons, since the latter may be able to pay in the future."24 Al Qurtubi remarks,25 "Scholars of our school as well as other schools think the debts of deceased persons may be paid from zakah, since as a debtor, he is included in the term "those under debt"; especially since the Prophet (p)

他说："我对每位信士都比他自己更负有责任；谁留下了财产，那归他的家人；谁留下了债务或受抚养的人，那就由我来负责。"26 这也是贾法里学派的观点。27

said, "I am more responsible for every believer than his own self; he who leaves wealth, it is for his family, but he who leaves behind debts or dependents, they are my responsibility."26 This is also the view of the Ja'fari school.27

在我看来,伊斯兰教法的经文与精神并不禁止用天课偿还已故者的债务。理由是:真主在关于天课受益者的经文中,区分了两类人。第一类是领取天课的人,天课交付给他们后,他们即成为所领之物的所有者;第二类则不一定将天课直接交付给他们,而是代他们支付。负债者属于第二类,因此用天课偿还已故者的债务应当是允许的。这也是伊本·泰米叶认可的观点。28 上述经文亦支持这一观点。

In my opinion, the texts and spirit of Shari'ah do not prevent the payment of a deceased person's debts from zakah. This is supported by the fact that God, in the verse about zakah deservants, distinguishes between two kinds of categories. The first are deservants to whom zakah is paid such that they became owners of what they receive while zakah is not necessarily paid to the second group, but on their behalf. Those under debts are of the second kind, so it must be permissible to pay the debts of deceased persons from zakah. This is the opinion approved by Ibn Taimiyah.28 It is supported by the above saying.

我认为借款人与负债者之间存在合理的类比。这一类比使得可以从天课中提供贷款，这与天课的广泛宗旨相一致。需要贷款的人可以以负债者的名义获得天课。如此一来，天课便能切实有助于消除利息。这正是已故的阿布·扎赫拉（Abu Zahrah）、哈拉夫（Khallaf）和哈桑（Hasan）在其天课研究中所表达的观点。29 他们主张：如果合理的债务可以用天课偿还，那么为何不能优先从天课中提供无息贷款呢？海得拉巴的穆罕默德·哈米杜拉（Muhammad Hameedullah）在其题为《无息银行》（Banking Without Interest）的研究中也表达了类似的看法。30 他的依据是，负债者分为两类：一类是无力偿还已借债务的人，另一类是需要贷款、并能在将来偿还的人。31 因此，哈米杜拉将需要贷款的人视为负债者。然而，有人可能会反驳说，需要贷款的人在获得贷款之前显然并不是负债者。因此，阿布·扎赫拉及其同仁的论点更为有力。

I think there is a sound analogy between borrowers and those under debt. This analogy allows giving loans from zakah, which is consistent with the broad objectives of zakah. Persons who need loans can be given zakah under the title of those under debt. In this way, zakah can contribute practically to the elimination of interest. This is the view which the late Abu Zahrah, Khallaf and Hasan express in their study of zakah.29 They argue that if fair debts can be paid from zakah, why not, even by priority, give interestfree loans from zakah? Muhammad Hameedullah of Hyderabad expresses a similar opinion in his study entitled Banking Without Interest.30 He supports his opinion by stating that individuals under debt are of two kinds: those who cannot pay back alreadyused debts, and those who need loans which they can pay back in the future.31 Thus Hameedullah considers persons who need loans as persons under debt, but one may argue that persons who need loans are obviously not under debt before they receive the loan. Consequently the argument of Abu Zahrah and his colleagues is stronger.