如果缴纳天课者将天课交给了一个他认为有资格领取的人，之后发现自己判断有误，那么这笔缴纳是否足以履行他的天课义务？
If a zakah payer gives his zakah to a person whom he thought was a deservant then finds that he was incorrect, does that payment fulfill the payer's obligation of zakah?
关于此事有三种主要观点。第一种观点认为，这样的分发即履行了天课（zakah）的义务。这是艾布·哈尼法、穆罕默德、哈桑和艾布·乌拜德的观点。此观点意味着纳税人无需再向他人支付其他款项，其依据是先知ﷺ的几段圣训。布哈里和艾哈迈德从马尼·本·叶齐德处转述：“我的父亲在清真寺里将几枚第纳尔交给一个人，让他作为施舍分发出去。我不知情，走过去拿了它们。我的父亲说：‘我以真主发誓，我并不是打算给你的。’我便向先知ﷺ申诉，先知ﷺ说：‘叶齐德啊，你得到了你的意图；马尼啊，你得到了你所拿的。’”这段圣训并未区分自愿施舍与义务施舍。艾布·胡赖ra传述，先知ﷺ说：“有一个人曾说：‘今晚我一定要行施舍。’他带着施舍的钱出去，却不知情地把它交到了一个小偷手中。”
There are three major opinions on this matter. The first is that such distribution fulfills the obligation of zakah. This is the opinion of Abu Hanifah, Muhammad, al Hasan., and Abu 'Ubaid. This view implies that no other payment is required from the zakah payer, and is founded on a few sayings of the Prophet: Al Bukhari and Ahmad report from Ma'n bin Yazid, "My father put a few dinars as a sadaqah with a man in the mosque [to give them away]. Not knowing, I came by and took them. My father said, 'By God, I did not intend to give you.' I complained to the Prophet, who said, "O Yazid, you get the intention and O Ma'n you get what you have taken.'" This saying does not make any distinction between voluntary and obligatory sadaqah, Abu Hurairah narrates that the Prophet (p) said, "A man once said,117 Surely I am going to give a charity tonight.' He went out with his sadaqah and put it in the hands of a thief, [not knowing).
第二天早上,有人传说昨晚有一个小偷得到了施舍。那人说:"我的主啊,赞美只归于你,我一定再施舍一次。"他带着施舍出去,把它放在一个妓女手中。第二天早上,有人传开说一个妓女得到了施舍。那人自言自语道:"我的主啊,赞美只归于你。我一定会再施舍。"他带着新的施舍出去,把它放在一个富人手中。第二天早上,人们议论说昨晚一个富人得到了施舍。那人说:"我的主啊,赞美归于你。我竟然要施舍给妓女、小偷和富人!"他在睡梦中被告知:"至于你施舍给小偷,这或许能使他知足而停止偷窃;至于妓女,她或许会拿这笔施舍而放弃卖淫;至于富人,他或许会受到教训,开始从神所赐予他的财物中拿出来花费。"118
The next morning, it was rumored that a thief was given sadaqah the night before, The man said, 'My Lord, praise be only to you, indeed I shall give another sadaqah.' He went out with the sadaqah and put it in the hands of a prostitute. The next morning it was circulated that a prostitute was given sadaqah. The man said to himself "My Lord praise is due to You alone. Surely I will give sadaqah." He went out with the new sadaqah and put it in the hands of a rich man. The next morning, people were saying that a rich was given sadaqah the night before. The man said, 'My Lord, praise be to You. Should I be giving to a prostitute, a thief, and a rich man! While asleep, he was told, 'As for your sadaqah to the thief, it may help him be satisfied and cease stealing; as for the prostitute, she may take the sadaqah and quit prostitution, and as for the rich man, he may take the lesson and start spending out of what God has given him.'"118
还有这样一段圣训：先知（p）对一个向他求施舍的人说："如果你属于那些应得之人的类别，我就把你应得的份额给你。"还有先知对两个强壮且有能力的人的回答，他们向他求取天课，他说："如果你们愿意，我可以从中给你们，但富有者和有能力谋生的人在其中没有份额。"如果条件确实是富有，他就会调查他们的情况，而不会仅仅接受他们的说法。119
There is also the saying in which the Prophet (p) told a man who asked him for charity, "If you are among those categories of deservats, I would give you your right," and the Prophet's answer to the two strong and capable men who asked him for sadaqah, if you wish, I would give you out of it, but the rich and the capable of earning have no share in it." If the condition was truly richness, he would have investigated their case and not merely accepted their claim.119
第二种观点则走向另一个极端,认为如果由于判断失误而把天课给了不应得的人,天课义务就没有履行,必须另行支付一笔。沙斐仪总体上持此观点,[120] 关于艾哈迈德对错误地把天课给了富人的看法,我们有两则传述,其中一则与沙斐仪的观点相似。至于把天课给了非信徒或先知家族的成员,艾哈迈德坚定认为这样的支付不能满足天课的要求。
The second opinion inclines toward the other extreme, and considers that if an error of judgement results in giving zakah to a person who is not a deservant , the zakah obligation is not fulfilled, and another amount must be given. Al Shafi'i subscribes generally to this view,120 while we have two reports about the view of Ahmad on mistakenly giving zakah to a rich man, one similar to that of al Shafi'i. As for giving zakah to a disbeliever or a member of the Prophet's family, Ahmad firmly believes such payment does not fulfill the requirement of zakah.
第三种观点涵盖了这两个极端之间的区域。根据分配的条件，这一区域中存在若干子观点，下文将作详细说明。
The third opinion covers the area between these two extremes. There are several sub-views in this area according to the conditions of distribution, as will be detailed in the following.
根据哈纳斐学派的观点，如果纳税人尽了合理的努力并进行了调查，以寻找应得天课的人，之后发现自己把天课给了不应得的人，那么这样的支付是有效的，纳税人不必重新支付。然而，如果天课是在没有经过适当调查的情况下分配的，那么一旦发现其给予的对象是不应得的人，这样的支付是不被接受的。至于将天课给予非信徒的情况，艾布·优素福认为，即使天课是在经过适当调查之后分配的，纳税人仍须再次支付。122
According to Hanafites, if the payer makes reasonable effort and research to find deservants, and then finds he paid zakah to non-deservants, such a payment is acceptable and the payer is not required to repeat his payment. However, when zakah is distributed without proper investigation, such payment is not acceptable if it is found that it was given to non-deservants. When payment is given to unbelievers, Abu Yusuf believes the zakah payer is required to make a second payment, even if zakah was distributed after proper investigation.122
根据马立克学派的观点，因判断失误而将天课付给不应受之人，并不能免除天课缴纳者的责任；除非能够追回已付给非应受者的财物并将其重新分配给应受者，否则必须再次缴纳。123
According to Malikites, payment to non-deservants as a result of error in judgement does not relieve the zakah payer from his responsibility, and a second payment must be made unless what is given to non-deservants can be retrieved and redistributed to deservants.123
Zaidis认为，若将天课误付给一致被视为不应受施者，则不能履行天课义务。被一致视为不应受施者的人包括：非信徒、付天课者的父母和子女，以及富人。若某人将天课交给他认为可以接受天课的人，则无需再次支付。124
Zaidis believe giving zakah to persons considered unanimously non-deserving, by mistake, does not fulfill the obligation of zakah. Individuals who are unanimously treated as non-deservants are unbelievers, parents and offsprings of the payers, and the rich. If a person gives his zakah to individuals to whom he believes zakah can be given, another payment is not required.124
最后，依我的看法，如果一位天课缴纳者尽力努力和调查以寻找应得者，但因判断失误而将天课给了不应得者，他对这一错误不承担责任，也无需重新缴纳。真主说："真主不会让任何灵魂承担超出其能力的负担。"125
Finally, in my opinion, if a zakah payer makes sufficient efforts and research to find deservants but makes a mistake and gives his zakah to non-deservants by error of judgement, he is not responsible for that mistake, nor is he required to repeat the payment. God says, "On no soul does God place a burden greater than it can bear,"125
而真主是不会使这种人的报酬白白失去的，正如圣训中提到的那个人，他把施舍给了一个小偷、一个妓女和一个富人。
and God would not suffer the reward of such a person to be lost, exactly like the person mentioned in the saying who gave his sadaqah to a thief, a prostitute, and a rich person.
然而,如果缴纳天课者没有进行合理的调查,他就必须为其判断失误的后果承担责任。无论在何种情况下,凡是明知自己不是应受天课之人而领取天课者,都必须归还,或者至少将其交给应受之人。否则,他所领取的部分便是非法的。如果天课管理机构在将天课发放给非应受之人时出现失误,天课管理机构并无义务重新支付。相反,应当借助执法机构追回不当发放的款项,这是马立克学派所推荐的做法。
However, if the zakah payer did not make reasonable research, he must be charged for the result of his mistake in judgement. In all cases, whoever takes zakah knowing he is not a deservant must return it or at least give it to a deservant. Otherwise, what he takes is unlawful. If the zakah agency makes a mistake in giving zakah non-deservants, the zakah authority is not required to repeat the payment. Rather, the law enforcement body must be used to recover what was unjustly given, as recommended by Malikites.