一千四百年前，伊斯兰教提出了其独特的原则：天课必须在其征收的地区内分配，而不是交给某位统治者，用于修建宫殿、供养仆从和军队——这在当时是普遍的做法。穆斯林学者一致认为，天课应分配给其征收地区内的应受者。[1] 这一规定适用于牲畜、谷物和果实所征收的天课。若资产所有者居住在有天课财产的地方之外，则金钱的天课应在该资产所在的地区分配，而不是在所有者的居住地分配。2

Fourteen hundred years ago Islam introduced its unique principle that zakah must be distributed in the region in which it is collected, instead of being given to some ruler to spend on palaces, servants, and army, as was the common practice of the time. Muslim scholars agree that zakah should be distributed to deservants in the same geographical area from which it was collected.1 This applies to zakah collected on livestock, grain, and fruits. Zakah on money is distributed in the area of the asset and not where the owner lives, if he or she lives away from the zakated wealth.2

这一原则以先知（愿主福安之）及其睿智的继承者们的圣训与实践为根据。 Note: the honorific "(p)" stands for the Prophet's salutation, so it is rendered as ﷺ after the Prophet's mention, and the "Wise Successors" (the Rightly-Guided Caliphs) are translated as 睿智的继承者们.

This principle is based on the tradition of the Prophet (p) and his Wise Successors.

当先知派遣收取天课的官员前往任何地区或地域时，他都指示他们将天课分配给同一地区的穷人。先知给穆阿兹的指示（其真实性已获公认）中说："天课要分配给他们当中的穷人……"穆阿兹一丝不苟地执行了先知ﷺ的指示。他将也门划分为若干地区，使天课在每个地区内自主地征收和分配。他还写信指示，天课应当分配给收取它的同一部族之中。3

When the Prophet sent zakah officers to any area or region, he instructed them to distribute to the poor in the same region. The instructions he gave Mu'adh (its authenticity is agreed upon) says "zakah is to be distributed to the poor among them . . ." Mu'adh implemented the instructions of the Prophet (p) to the letter. He divided Yemen into regions such that zakah was collected and distributed within each region autonomously. He wrote letters to the effect that zakah be distributed within the same clan from which it is collected.3

阿布·祖海法说:"神的使者(愿主赐福于他并使他平安)的收天课官来了,从我们中的富人那里收取天课,分给我们的穷人。当时我还是个年幼的孤儿,他便给了我一头母骆驼。"4 有确切的记载说,一位贝都因阿拉伯人向神的使者(愿主赐福于他并使他平安)提出了几个问题。其中之一是:"以派遣你的神起誓,是神命令你从我们的富人那里取得天课并分给我们的穷人吗?"先知回答:"是的。"阿布·乌拜德记载,欧麦尔在遗嘱中写道:"我请求我的继任者……从他们财富的边缘部分取出,分给他们的穷人。"5 这也是欧麦尔在世时的做法。赛义德·本·穆sayyab 说:"欧麦尔派穆阿兹担任天课官前往白尼·基拉卜或白尼·萨阿德。穆阿兹前往那里,收取天课并将其全部分发,没有留下任何东西。他穿着去时的同一套衣服回来了。"6 欧麦尔曾被问到,应当如何处置从贝都因阿拉伯人那里收取的天课。他回答说:"以神起誓,我会把天课归还给他们自己,直到他们每个人都拥有一百头骆驼,无论雄性还是雌性。"7

Abu Juhaifah says, "The zakah officer of the Messenger of God (p) came and collected zakah from the rich among us and distributed it to our poor. I was then a minor orphan, so he gave me a she-camel."4 It is correctly reported that a bedouin Arab asked the Messenger of God (p) several questions. Among them was, "By God Who sent you, is it God who commanded you to take the sadaqah from our rich and distribute it to our poor?" The Prophet answered, "Yes." Abu 'Ubaid reports that 'Umar wrote in his will "I ask my successor . . . to take from the peripheries of their wealth and distribute is among their poor."5 This was the practice during the time of 'Umar himself. Sa'id bin al Musayyib says "'Umar sent Mu'adh as zakah officer to bani Kilab or bani Sa'd. Mu'adh went there, collected zakah, and distributed all of it, leaving nothing. He came back in the same own clothes that he went in."6 'Umar was once asked what to do with the zakah collected from bedouin Arabs. He answered, "By God, I shall render the sadaqah to themselves, until each of them becomes the owner of a hundred camels, male or female."7

将天课从其征收地区运往别处，而该地区仍有贫困者，这违背了征收天课的目的。《al Mughni》的作者说：“既然天课旨在使贫困者富足，允许将其运走，就会使该地区的贫民仍然困窘。”学者和统治者在先知ﷺ之后也遵循了同样的指导。圣门弟子 'Imran bin Husain 在倭马亚王朝时期被任命为天课官员。他完成任务回来后，有人问他：“钱在哪里？”'Imran 说：“你们派我来是为了给你们带钱的吗？我按照先知ﷺ在世时我们的做法来征收，也按照我们当时的做法来分配。”Taus 曾被任命为也门某地区的天课官员，统治者向他索要账目，他回答说：“我从富人那里取，给了贫困者。”Farqad al Sabkhi 说：“我把应缴的天课拿去在麦加分发。在那里我遇到了 Said bin Jubair，他说：‘把它带回去，在你的家乡分发。’”Sufyan 转述道：“天课从 al Riy 被运往 al Kufah，但 'Umar bin 'Abd al Aziz 下令把它运回 al Riy。”12

Transporting zakah from the region in which it is collected while that region still contains poor people violates the reason for which it is collected. The author of al Mughni says "since zakah is meant to enrich the poor, permitting transporting it leaves the poor of that region in need."8 Scholars and governors after the Prophet followed the same guidance. 'Imran bin Husain, a Companion, was appointed zakah officer at the time of the Umayyads. When he returned from his mission, he was asked "Where is the money?" 'Imran said, "Did you send me to bring you money?" I collected it the same way we used to at the time of the Messenger of God (p), and distributed it the same way we used to."9 Taus was appointed zakah officer in one of the regions in Yemen. He was asked for his account by the governor and his answer was, "I took from the rich and gave to the destitute.10 Farqad al Sabkhi says, I took zakah due on my wealth to distribute it in Makkah. There I met Said bin Jubair, who said, 'Take it back and distribute it in your hometown.'"11 Sufyan narrates "Zakah was taken from al Riy to al Kufah, but 'Umar bin 'Abd al Aziz ordered it taken back to al Riy."12

Abu 'Ubaid 说:"学者们一致认为,这些传述的含义是,每个地区的人对其所交的天课有优先权,只要该地区仍有需要的人,或者直到天课全部分配完毕。"他接着说:"如果官员将所征收的天课转运出去,而征收地区仍有需要,政府必须将其退还给该地区,正如 'Umar bin 'Abd al 'Aziz 所做的,也如 Sa'id bin Jubair 所述。"13

Abu 'Ubaid says, "Scholars all agree that these reports mean people of every region have priority on their zakah, as long as they still have anyone in need, or until all the zakah is distributed." He goes on, "If the officer transports collected zakah while there still is need in the region from which it was collected, the government must return it to its region, as did 'Umar bin 'Abd al 'Aziz, and as stated by Sa'id bin Jubair."13

纳赫伊和巴士里允许人将天课运往别处，交给远离他的亲属。阿布·伍贝德说："这只适用于个别情况，而不适用于政府大规模管理的天课。"阿布·伍贝德评论阿布·阿里耶的故事时说，阿布·阿里耶是一位圣门弟子，他过去常把自己应付的天课带到麦地那，"我认为他是要把它交给他的宗族和亲戚。"14

Al Nakha'i and al Basri allow a person to transport zakah in order to give it to his own kin who live away from him. Abu 'Ubaid says, "This is permitted in individual cases only, not on the massive level of zakah administered by the government." Abu 'Ubaid comments on the story that Abu al 'Aliyah, a Companion, used to take his due zakah to Madinah, "I believe he was taking it to his kindred and relatives."14

学者们一致认为，多余的天课款项可以运送到邻近地区，或交给中央政府。阿布·欧拜德记载：穆阿兹在也门一直待到先知ﷺ去世，并经历了阿布·伯克尔时期，之后前往欧麦尔处，欧麦尔确认了他的职位。有一年，穆阿兹给欧麦尔送去了当年所收天课的三分之一。欧麦尔很不高兴，对他说：“我派你去不是为了让你当收税员或收取济兹亚的人，我派你去是为了从富人那里取，再交给穷人。”穆阿兹回答说：“我送给你的东西，是因为我在这里找不到任何人来接受它。”次年，穆阿兹给欧麦尔送去了所收天课的一半。他们之间的对话与前一年相似。第三年，穆阿兹把所收的全部天课送给了欧麦尔。欧麦尔像前几年那样询问他，穆阿兹说：“我找不到任何愿意接受其中一部分的人。”15

Scholars agree that all excess zakah funds may be transported to neighboring areas or to the central government. Abu 'Ubaid reports that Mu'adh stayed in Yemen until the Prophet died and during the era of Abu Bakr, then went to 'Umar, who confirmed his position. One year Mu'adh sent 'Umar one third of the zakah collected in that year.'Umar was annoyed and told him, "I did not send you as a collector or as a taker of jiziah. I assigned you to take from the rich and render to the poor." Mu'adh answered, "I have not sent you anything that I can find anyone to take from me here." The following year, Mu'adh sent 'Umar one half of the collected zakah. They exchanged statements similar to the previous year. In the third year, Mu'adh sent 'Umar all the collected zakah. 'Umar questioned him the same way he did the previous years, whereupon Mu'adh said, "I could not find anyone who would take any of it."15

'Umar的反对表明，天课应当在收取的地方分配，而在Mu'adh作出解释后他接受了这一做法，这说明在其所在地区没有应得者时，将天课运往别处是可以允许的。

'Umar's objection indicates that zakah must be distributed in the land where it is collected but his acceptance after Mu'adh's explanation shows that it is permissible to transport zakah when no deservants exist in its region.

除了这种已达成共识的情况外,还有一些情形:虽然收集地仍有需要,但将部分所收天课转运到他处,可能更有利于整个社会的福祉。例如,沙斐仪学派不赞成在这类情况下转运天课,罕百利学派亦然。另一方面,哈乃斐学派认为这种转运是"可憎的"(makruh),但并非禁止。他们补充说,若转运天课是为了救济付课人的贫穷亲属,或救济另一地区处于极度困境中的人或军队,则不算可憎。若天课是为了穆斯林社群的利益而转运,例如非穆斯林地区的穆斯林将天课转运到穆斯林国家,或为了资助贫穷的学者或学生,同样不算可憎。马立克学派要求天课应在收集地分配,但当其他地区的需要比收集地更为迫切时,允许转运。栽德学派不喜欢转运,除非是为了满足更迫切的需要、贫穷的亲属或学生。阿巴迪学派则认为,若由政府进行转运以加强伊斯兰国家,则是允许的。20

Besides this agreed upon case, there are cases in which, though some need remains in the land of collection, it may be more beneficial to the total welfare of the society to transport some portion of the collected zakah. Shafi'ites, for example, do not approve of transportation in such cases. So do Hanbalites.16 On the other hand, Hanafites consider such transportation disliked but not prohibited. They add that if transporting zakah is done to relieve poor relatives of the payer, or people or troops who are in desperate need in another land, it is not disliked. The same thing applies when zakah is transported for the benefit of the Muslim community, by Muslims in non-Muslim land to Muslim countries, or in order to help poor scholars or students. Malikites obligate the distribution of zakah in the area of collection, but allow transportation when the need is more pressing in other areas that in the area of collection.18 Zaidis dislike transportation except to satisfy more pressing needs, needy relatives, or students.19 Abadis approve of transportation if done by the government in order to strengthen the Islamic state.20

综上所述，在考察了关于转运所收天课的各种观点和经文之后，可以看出一般原则是：天课应当在其征收的地区内分配。该地的贫困者和需要者应优先于其他人，因为天课是从他们的邻里、亲属和朋友那里征收的。

After this survey of the different opinions and texts on the transportation of collected zakah, it appears that the general principle is that zakah must be distributed in the same area where it is collected. The poor and needy in that land have priority over all others, since zakah is collected from their neighbors, kin, and friends.

然而,我认为这一普遍原则并非没有例外的理由,尤其是当例外由公正的政府在与代表性议会协商后,出于穆斯林与伊斯兰的公共利益而作出时。马立克精妙地说道:"除非通过政府的伊志提哈德,出于迫切的需要,否则转运天课是不允许的。"21 马立克的门徒伊本·卡西姆补充道:"如果这是出于必要而做的,那就没有问题。"22 据传苏何农说:"如果政府得知某地有严重的需要,它可以合法地将所征收的天课中的一部分运往该地。灾难降临时,救济受难者优先于天课的其他用途,因为穆斯林是穆斯林的兄弟;他不会抛弃他,也不会压迫他。"23

However, I find no reason why this general principle should not have exceptions, especially if the exception is made by a just government in consultation with the representative council, in view of the public interests of Muslims and Islam. As Malik wonderfully puts it, "Transporting zakah is not permissible, except when done through the government's ijtihad, in view of pressing need."21 Ibn al Qasim, Malik's disciple adds, "If this is done out of necessity, it is all right."22 Suhnun is reported to say, "If the government knows a certain land has dire need, it can lawfully transport some of the collected zakah there. When catastrophe befalls, relieving its victims has priority above other uses of zakah, since a Muslim is a brother to a fellow Muslim; he does not let him down nor oppress him."23

在《穆达瓦纳》中，马立克提到，在麦地那遭遇饥荒的那一年，欧麦尔写信给身在埃及的阿慕尔·本·阿绥，说："救援，救援阿拉伯人！请派一支商队给我们，商队的前端抵达我这里时，后端还在你那里，驮着用衣服包裹的面粉。"救援物资到达后，欧麦尔把食物和衣物分给饥饿的人们，并指派了专人协助宰杀骆驼，他说："阿拉伯人热爱骆驼，我担心他们会舍不得宰杀，让它们活下去。让人们宰杀骆驼，吃它们的肉和油脂，并把那些用来装面粉的衣物给他们穿。"24

In al Mudawwanah, Malik mentions that in the year when famine hit al Madinah, 'Umar wrote to Amr bin al 'As, who was in Egypt, "Help, help, to the Arabs. Send us a caravan whose beginning should reach me while its end is still at your place, loaded with flour wrapped in garments." 'Umar, when the relief arrived, divided food and clothes among the hungry people and appointed assignees to help slaughter the camels, saying, "Arabs love camels. I am afraid they may prefer to keep them alive. Have people slaughter the camels and eat their meat and fat, and give them the garments that are used as bags of flour, to wear."24

这一观点有以下三点依据：

This opinion is supported by the three following points: