8.2 第二章 关于天课之外其他义务可以征收的观点
8.2 Chapter Two The View That Other Dues Besides Zakah May Be Imposed
其他学者,早在圣门弟子和再传弟子时期,就认为除了天课之外还有其他的财产义务。这些人包括:'Umar、'Ali、Abu Dharr、A'ishah、Abu Hurairah、al Hasan bin 'Ali、Fatimah bint Qais(均为圣门弟子),以及再传弟子al Sha'bi、Mujahid、Taus、'Ata,还有其他几位。
Other scholars, as early as the era of the Companions and Followers, believe there are other financial dues besides zakah. These include 'Umar, 'Ali, Abu Dharr, A'ishah, Abu Hurairah, al Hasan bin 'Ali, and Fatimah bint Qais (all Companions), as well as the Followers al Sha'bi, Mujahid, Taus, 'Ata, and several others.
证据
The evidence
这些人认为,经文“行善并非仅仅把脸转向东方或西方,而是信仰真主、末日、天使、天经和先知,并为了对它的爱而把财产施舍给亲属、孤儿、贫民、旅客、乞丐以及赎取奴隶,谨守拜功,完纳天课,践守订约,在贫困、疾病和战乱时坚忍不拔。这些人是诚实的人,是敬畏者”表明,除天课之外还有其他的义务捐献。提尔米兹及其他人转述,法蒂玛·宾特·盖斯(或其他人)曾向先知ﷺ询问天课之事。先知ﷺ回答说:“财产上除了天课,确实还有其他的义务。”然后先知ﷺ诵读了《黄牛章》中的这节经文:“行善并非……”提尔米兹说,尽管这段圣训的传述较弱,但这节经文支持并加强了它的含义。事实上,这节经文本身就足以作为证据,因为它把施舍钱财列为善行的条件之一,与拜功和天课并列。古尔图毕评论道:“即便对这段圣训有所非议,其含义依然正确,因为经文本身已经暗含了这一点,经文写道:‘谨守拜功,完纳天课。’它把天课与拜功并提,这意味着经文开头的‘把财产施舍给……’指的是天课之外的其他捐献。”
These people argue that the verse "It is not righteousness that ye turn your faces toward east or west, but it is righteousness to believe in God and the Last Day, and the angels, and the Book, and the messengers, to spend of your sustenance -- in spite of your love for it -- for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves, to be steadfast in prayers and practice zakah to fulfill the pledges which ye have made, and to be firm and patient in pain and adversity, and through out all periods of panic. Such are the people of truth, the God fearing" indicates there are dues besides zakah. Al Tirmidhi and others report from Fatimah bint Qais that she (or someone else) asked the Prophet (p) about zakah. He answered, "Indeed there are dues besides zakah on wealth." Then the Prophet recited this verse from sura al Baqarah: "It is not righteousness . . . ." Despite its weakness, al Tirmidhi says this saying is supported and strengthened by the verse. In fact, the verse alone is sufficient evidence, since it makes giving money one of the conditions of righteousness, in addition to prayers and zakah. Al Qurtubi comments, "Even despite the criticism addressed to the saying, its meaning remains correct, because it is implied by the verse itself, which reads' . . . to be steadfast in prayer and practice zakah.' It mentions zakah along with prayers, which means the words at the beginning of the verse '. . . to spend of your sustenance' refer to other payments, not included in the word 'zakah'.
否则,这节经文就会有不必要的重复。1
Otherwise, this verse would have unnecessary repetition.1
没有人能够争辩说,经文中提到的施舍仅仅指自愿的捐献,因为这节经文是在回应犹太人对形式和仪式的推崇而降示的,用以显明真正虔诚的要素。因此,这节经文只列出了基本要素,从经文中提到的其他要素即可明显看出:信仰真主和末日,践行拜功和天课,履行誓约和契约,等等。
No one can argue that the spending mentioned in the verse refers merely to voluntary contributions, since the verse was revealed as a reply to the Jewish vogue for formality and ritualism, to show the elements of true righteousness. Thus the verse lists only basic elements, as is obvious from the other elements mentioned in the verse: believing in God and the Last Day, and practicing prayer and zakah, fulfilling pledges and contracts, etc. etc..
阿布·欧拜德强烈反驳达哈克的说法,即此节经文已被废止,因为天课废止了古兰经中提到的其他一切施舍。阿布·欧拜德评论道:"这种极其大胆的说法既无实据,也无佐证。真主的话语不能被人的主张所废止。如果达哈克的说法正确,那么经文中的一句'当完成天课'就必须废止同一节经文中的另一句'从我所供给你们的给养中施舍'。这样的事情是不可能的!"[2]此外,这节经文叙述的是虔诚者的品格,而关于信条或基本信仰的经文是不会被废止的。阿布·欧拜德转述伊本·阿拔斯的话说:"此节经文是在麦地那降示的,当时正值义务、刑罚及其他行为规范陆续降示的时期。"3
Abu 'Ubaid strongly rejects al Dahhak's claim that this verse is annulled because zakah annuls every other sadaqah mentioned in the Qur'an. Abu 'Ubaid comments, "Such a very daring claim has no substance or supporting evidence. The words of God cannot be annulled by people's claims. If al Dahhak's claim were correct, a phrase in the verse, 'Practice zakah,' must have annulled another phrase in the very same verse, 'spend out of your sustenance.' Such a thing is not possible!"2 Moreover the verse gives information about the character of the righteous, and verses which give information relating to creed or basic beliefs are not subject to annulment. Abu 'Ubaid reports from Ibn 'Abbas that "This verse was sent dow in Madinah at the time when obligations, penalties, and other behavioral requirements were being revealed."3
第二个证据:农作物的天课
The second proof: dues on agriculture
在描述真主为人类所赐的丰厚恩惠之后——包括带有棚架的园圃、椰枣、谷物、石榴、橄榄等等——真主说:"当它们结果的时候,你们可以吃它们的果实,在收获的那天,你们应当缴纳应纳的义务;但你们不要浪费,真主确不喜爱浪费的人。"4 有人主张,这里所说的"应纳的义务"与天课不同,理由如下:
After describing the bounty God produces for mankind, including gardens with trelisses, dates, grains, pomegranates, olives, etc. God says "Eat of their fruits in their season, but render the dues that are proper on the day that the harvest is gathered. But waste not by excess, for God loves not the wasters."4 It is argued that this "proper due" is different from zakah on the following grounds:
A. 这节经文是麦加时期的,它的降示远早于麦地那时期规定什一税('ushr)的时候。
A. The verse is Makkan and it was sent long time before 'ushr was obligated during the Madinan period.
B. 经文命令在收割之日给予果实应有的权利。这并不是缴纳天课的时间,因为"什一税"('ushr)是在谷物清理和晾干之后才缴纳的。
B. The verse orders giving the due that is proper on fruits on the day of harvest. This is not the time of zakah payment, since 'ushr is paid after cleaning and drying of the produce.
C. 经文结尾的那句“不可浪费,不可过度……”不适用于天课,因为天课是伊斯兰教法所规定的定额,不存在铺张或过度的可能。5
C. The concluding sentence in the verse "Waste not by excess . . ." is inapplicable to zakah which is an amount defined by Shari'ah and unsusceptible to extravagance or excess.5
任何声称此节中所提到的应尽之义务(Haqq)后来已被天课所废止的说法,都无法得到证实,因为废止不能仅凭或然性和主张来成立。伊本·哈兹姆补充道:"任何人声称某条经文已被废止,都只能以一段与上帝的使者(ﷺ)相关联的经文为依据。否则,任何人都可以声称任何经文或圣训已被废止。宣称任何经文已被废止,就等同于说遵从上帝的这条经文并非必要。这只能由立法者一人来决定。"6
Any claim that the proper dues mentioned in this verse were later annulled by zakah cannot be substantiated, because annulment cannot be supported by mere probability and claims. Ibn Hazm adds, "Any person's claim of annulment can only be substantiated by a text linked to the Messenger of God (p). Otherwise, anyone could claim the annulment of any verse or saying. To say any text is annulled is equal to saying that the obedience to this text of God is not needed. This can be done by the Legislator alone."6
他接着说道:"那么,上述经文所规定的应付之权利是什么呢?它无疑不同于天课(zakah)。它要求田地的所有者在收割之日给予其庄稼的一部分。然而,该经文并未规定任何具体的数量或比例。这是一些先贤的观点。"7
He continues, "What then is the proper due ordained by the above-mentioned verse? It is undoubtedly different from zakah. It requires that owners give on the date of harvesting some of their produce. The verse, however, does not require any definited amount or percentage. This is the opinion of some of the predecessors."7
第三个证据:牲畜的天课
The third proof: dues on livestock
我们有几段真实可靠的圣训,描述了骆驼和马匹应缴纳的天课。布哈里根据艾卜·胡莱赖传述,先知ﷺ说:"不缴纳应尽义务的骆驼,会在复活日出现,比它们生前任何时候都更加强壮,它们会用蹄子践踏其主人;不缴纳应尽义务的羊,会在复活日出现在其主人面前,比它们生前任何时候都更加强壮,它们会用蹄子践踏他,用角顶撞他。"先知ﷺ
We have several authentic sayings that describe the prescription of dues on camels and horses. Al Bukhari reports from Abu Hurairah that the Prophet (p) said, "Camels whose proper dues are not given appear on the Day of Resurrection against their owner the strongest they have ever been, trampling him with their hooves , and sheep whose proper dues are not given appear before their owner the strongest they have ever been, trampling him with their hooves and knocking him with their horns." The Prophet (p)
"其中一项义务是在牲畜来到水源饮水时挤奶(并将奶施舍出去)。"11 显然,这段圣训的最后一句同时涵盖骆驼和绵羊,尤其是因为在穆斯林(Muslim)和艾布·达乌德(Abu Daud)所传的一个版本中,同一句紧接在关于骆驼的论述之后。12 很明显,这句话属于圣训的一部分,并非传述者所添加。布哈里(Al Bukhari)在另一章中单独引用了这最后一句,用于讨论分成耕作(sharecropping)的问题。13
adds, "One of their dues is to milk them when they come to water [and to give away that milk]."11 Apparently, the last sentence of the saying covers both camels and sheep, especially since in a version of the saying reported by Muslim and Abu Daud, the same sentence comes just after the talk about camels.12 It is obvious that this sentence is part of the saying and is not added by the narrator. Al Bukhari reports the last sentence alone in reference to sharecropping in another chapter.13
尼萨仪在《圣训集》中转述贾比尔的话:"上帝的使者ﷺ说:'凡拥有骆驼、牛和羊,却不缴纳其应尽义务(天课)的人,在复活日,他将被安置在一块平地上,与这些牲畜一同站立。那些蹄子坚硬的牲畜会践踏他,那些有角的会用角顶撞他。那一日,它们之中没有一只的角是断裂或被截去的。'我们问:'上帝的使者啊,它们的应尽义务是什么?'他回答说:'借出公畜供配种,借出水桶(取水之器)……"
Al Nasa'i reports from Jabir, "The Messenger of God (p) says, 'He who owns camels, cows, and sheep who does not give their dues, will be made to stand for them on the Day of Judgement on a flat ground, and then the animals with hard hooves will trample him, and those with horns will knock him with their horns. On that Day, none of them shall have its horns broken or cut off.' We asked, 'O Messenger of God, what are their proper dues?' He answered, 'To lend the male for breeding, to lend the bucket (drawer)
……为了饮水,以及在真主的道路上骑乘它们。……,"14 穆斯林(Muslim)从哲比尔(Jabir)处也记载了类似的圣训。15 在另一段圣训中,哲比尔(Jabir)说,有人问真主的使者ﷺ:"骆驼的应尽义务是什么?"他说:"宰杀其中肥壮的(用于施舍),借出公驼用于配种,并在饮水之日挤奶(分给穷人)。"16
for watering, and to give rides on them in the way of God. . . .,"14 A similar saying is reported by Muslim from Jabir.15 In another saying , the from Jabir, the Messenger of God (p) was asked, "What is the proper due of camels?" He said, "To slaughter the fat among them [for charity] to lend the male for breeding, and to milk them [for the poor] on the day of watering."16
第四个证据:客人的权利
The fourth proof: the guest's right
我们有一段正确的圣训,从胡瓦利德·本·阿穆尔处传述,规定了客人对主人的权利。上主的使者(p)说:"信奉真主和末日的人,应当款待他的客人。客人的权利是[招待]一天一夜,而款待客人是[招待]三天。超过此数的,则是施舍。"这表明款待客人是必须的,因为它关系到信仰的本质,尤其是超过三天的款待被视为施舍。
We have correct saying that mandate a guest's right on a host from Khuwailid bin 'Amr. The Messenger of God (p) said, "He who believes in God and the Last Day must honor his guest. The guest's right is [to be hosted] one day and one night, and the kindness to the guest is [hosting him] three days. What is above that is a charity."21 This indicates that honoring one's guest is obligatory, since it is related to the essence of faith, especially since what is above three days is considered charity.
另一则来自‘Abd Allah bin ‘Amr的圣训说:“你的身体对你有一定的权利,你的眼睛确实对你有权利,你的客人确实对你有权利,你的妻子确实对你有权利。”22 另一则来自Abu Hurairah的圣训进一步强调了客人的权利:“任何客人来到某个民族中,直到早晨仍未得到款待,他有权取走相当于其食物的量,而不受任何指责。”23 Al Miqdad bin Ma'dikarib传述,安拉的使者ﷺ说:“如果一个人款待客人,客人早晨起来时仍未得到款待,那么每位穆斯林都有义务帮助和支持这位客人,直到客人从主人的粮食和财产中取得相当于他一夜食物的量。”24 又说:“客人一夜的食物是每位穆斯林主人的义务。谁家里有客人而不给他们food,这笔债就一直欠在他身上。”25 Ibn Hazm说,Muslim从‘Uqbah bin ‘Amir处传述:“我们问道:‘安拉的使者ﷺ啊,您派我们去执行某些任务,我们在某些人家里借宿,但他们不给我们food,您认为该怎么办?’安拉的使者ﷺ回答:‘如果你们在某些人家里住宿,他们给你们提供适合客人的东西,你们应当接受;如果他们不这样做,那么你们就应当从他们那里取得他们应尽的客人的权利。’”Ibn Hazm补充说,al Bukhari从‘Abd al Rahman bin Abu Bakr处传述:“Al Suffah的同伴都是贫穷的人。先知ﷺ说:‘谁有两个人的食物,就应当带上第三个人;谁有四个人的食物,就应当带上第五个人;谁有五个人的食物,就应当带上第六个人。’”或者如先知ﷺ所说的那样。于是Abu Bakr带回家三个人,而安拉的使者ﷺ带回家十个人。 这些圣训清楚地表明,穆斯林主人的财产中存在一项被强调的权利。若这项权利未被履行,整个穆斯林群体都被号召协助客人获得他应得的权利。显然,这项权利不是天课。客人随时可能到来,而天课则是在特定的时间才有义务缴纳。伊本·哈兹姆说:"款待客人是所有穆斯林的义务,无论城市居民还是游牧民,无论有学识者还是无知者;第一夜属于善行,此后三日属于仁慈;超过这一时限则不是义务,尽管受到鼓励。若主人扣留了客人应得的这份权利,客人有权以武力或通过法庭取得。"26
In another saying from 'Abd Allah bin 'Amr, "Your body has a certain right on you, your eye indeed has a right on you, your guests indeed have a right on you, and your wife indeed has a right on you."22 The right of guests is further emphasized in another saying from Abu Hurairah, "Any guest who appears among any people and remains deprived until morning has the right to take as much as his food would be, without any blame."23 Al Miqdad bin Ma'dikarib narrates that the Messenger of God (p) said, "If a man hosts a guest, and the guest gets up in the morning still deprived, the guest's aid and support is the duty of every Muslim until the guest takes from the host's grain and wealth the equivalent of his food for the night,"24 and "The food for night for the guest is obligatory on each Muslim host . He who has guests in his house and does not offer them food, it remains a debt on him."25 Ibn Hazm says, Muslim reports from 'Uqbah bin 'Amir "We asked, 'O Messenger of God (p), you send us on certain missions and we stay overnight as guests of certain people, but they do not offer us food, so what do you see?' The Messenger of God replied, 'If you bed down at the houses of some people and they offer you whatever is suitable for guests, you should accept, but if they do not, then take from them the right of the guest that is obligatory on them.'" Ibn Hazm adds that al Bukhari reports from 'Abd al Rahman bin Abu Bakr "The Companions of al Suffah were poor people. The Prophet said, 'He who has food for two people must take with him a third one. He who has food for four people must take a fifth, and he who has food for five must take with him a sixth,' or whatever the Prophet said. Accordingly, Abu Bakr brought home with him three men and the Messenger of God brought ten." These sayings indicate beyond any doubt that there is an emphasized right on the wealth of a Muslim host, to the extent that if this right is not given the whole Muslim community is called upon to help the guest obtain his right. Clearly enough, this right is not zakah. The guest may come anytime while zakah is obligated at definite times. Ibn Hazm says, "Offering food to the guest is an obligation on all Muslims, urban or bedouin, knowledgeable or ignorant; one night out of righteousness and three days out of kindness; what is beyond that is not obligatory, although it is encouraged. If a host withholds this due from the guest, the guest has the right to take it by force or through the court."26
第五个证据
The fifth proof
《古兰经》严厉警告那些不肯帮助他人的人。真主说:"所以,那些对拜功疏忽的礼拜者必遭祸殃;他们只为被人看见而行善,却拒绝给人提供小小的帮助。"[30] 阿布·达乌德记载,伊本·麦斯欧德说:"在安拉的使者ﷺ时代,我们所理解的'提供小小的帮助',就是借出水桶和锅。"31
The Qur'an severely warns those who do not extend help to others. God says, "So woe to the worshipers who are neglectful of their prayers, those who want but to be seen by people, but refuse to extend even neighborly help."30 Abu Daud reports from Ibn Mas'ud, "We understood extending neighborly help at the time of the Messenger of God (p) to mean lending the bucket and the cooking pot."31
使这些小小的服务得以延续是一种义务,因为《古兰经》对拒绝这样做的人发出了"祸哉"的警告,并将其与疏忽礼拜或喜欢被人看见相提并论。
Extending these small services is obligatory, because the Qur'an says "woe" to those who refuse to do it, equating it with neglecting prayers or loving to be seen by people.
如果这一行为不是必须履行的,就不会有如此严厉的警告。毫无疑问,给予此类帮助不属于天课的范围,因此它必定是额外的义务。伊本·哈兹姆转述伊本·麦斯欧德的话:"'给予邻里帮助'就是把人们过去互相借用的东西借出去,比如斧头、锅具及类似的物件。"他又转述伊本·阿拔斯对"邻里帮助"的解释为"借出家用器物",另一个版本则为"借出物品"。伊本·哈兹姆还转述了阿里以及乌姆·阿提耶的话:"这是指人们通常在家务上互相帮助。"他也转述伊本·欧麦尔的解释,认为拒绝给予邻里帮助就是"拒绝交付财产中应尽的权利"。伊本·哈兹姆补充说:"这与前面所提到的内容一致,也与伊克里马、易卜拉欣等人的观点相符。据我们所知,圣门弟子在这一问题上并无异议。"36
Such a severe warning cannot be given if this action were not obligatory. No doubt, extending such help is not included in zakah, so it must be an added obligation. Ibn Hazm reports from Ibn Mas'ud, "'Extending neighborly help' is giving what people used to borrow from each other, like the axe, the cooking pots, and similar things."32 He reports that Ibn 'Abbas explains "neighborly help" as "Lending household things," and in another version "Lending things."33 Ibn Hazm also reports from 'Ali34 and Umm 'Atiyah, "It is the help in household matters that is usually exchanged by people."35 He also reports that Ibn 'Umar explains refusing to extend neighborly help as "The refusal to give the right due on wealth." Ibn Hazm adds, "This is consistent with what is mentioned earlier and with the views of 'Ikrimah, Ibrahim, and others. It is not known that any of the Companions disagreed on this matter."36
必须指出,前面提到的伊本·麦斯欧德的那段话,其分量等同于一段圣训。因为他转述的是当时在先知(愿主赐福并使他平安)时代通行的经文释义;如果这种理解有误,先知本人或启示本身就会加以纠正,正如纠正对《古兰经》理解上的错误一样。
One must mention that Ibn Mas'ud's statement mentioned above has the same weight as a saying, because he gives the interpretation of the verse prevalent at the time of the Prophet (p), and if that interpretation happened to be incorrect, it would have been corrected by the Prophet or by the Revelation itself, as a mistake in understanding the Qur'an.
第六个证据
The sixth proof
有多段经文明确要求穆斯林彼此合作行善、团结一致、互助互济、相互怜悯。另有经文将养济贫困者视为由兄弟情谊、信仰和宗教所衍生的义务。真主说:"你们应当互助行善和敬畏,不可互助犯罪和作恶。"他描述信士们"彼此慈爱",并描述了一个人若想获得真主的回赐所必须遵循的道路:"但他没有攀登那险峻的山路。你怎知道那险峻的山路是什么?就是释放奴隶,或在饥荒之日给予食物,给予有亲属关系的孤儿,或给予蒙尘的贫民。然后他成为信道者,并且相互劝勉忍耐,相互劝勉慈爱。这些人是右手的伴侣。"又说:"你应当把应得的权利给予亲属,也给予贫困者和旅客。"还有:"你们应当孝敬父母,善待亲属、孤儿、贫民、近邻、远邻、伴侣、旅客,以及你们右手所拥有的人。"44
There are several texts which overwhelmingly dictate that Muslims must cooperate in good doing, solidarity, and mutual help and support, and have mercy among themselves. There are texts that obligate feeding the indigent as a duty implied by brotherhood, faith and religion. God says, "And help ye one another in righteousness and piety, but help ye not one another in sin and rancor."37 He describes the believers as "Compassionate amongst each other,"38 and describes the path that one must follow to deserve reward from God: "But he hath made no haste on the path that is steep (and narrow), and what will explain to thee the path that is steep? It is freeing the bondsman, or giving food on a day of privation, to the orphan with claims of relation, or to the indigent down in the dust. Then will he be of those who believe and enjoin patience (constancy and self restraint), and enjoin deeds of kindness and compassion. Such are the companions of the right hand."39 "And render to the kindred their due rights, and also to those in want and to the wayfarer,"40 and "and to good to parents, kinsfolk, orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, the wayfarer, and what your right hands possess."44
许多经文劝勉人们供养贫困者,把这种善行视为信仰的标志,把忽视它视为不信和否认后世的表现,例如:"你看见那否认报应的人吗?那就是粗暴地驱逐孤儿、不鼓励供养穷人的人。"42
Many verses exhort people to feed the destitute, considering such an act of benevolence a sign of faith and its neglect an implication of disbelief and denial of the Hereafter, such as "Seest thou one who denies the Judgement? Then such is one who repulses the orphan with harshness and encourages not the feeding of the indigent."42
"他们[不信道者]将说:'我们从前不是礼拜的人,也不是供养贫民的人。'"43 以及"他不信仰至高的真主,也不鼓励供养贫民。"44 先知穆罕默德ﷺ在多段圣训中描述了伊斯兰社会相互团结、彼此关怀与安全的景象:"信士对信士,犹如一座建筑,各部分彼此相互扶持、巩固。"45 "穆斯林在彼此的爱、怜悯与慈悲上,犹如一个身体。若其中一个肢体疼痛,其余肢体便会以发烧和失眠来回应。"46 "邻居饿着肚子,自己却吃饱入睡的人,不是信士。"47 阿里传述:先知ﷺ说:"真主确已规定富裕的穆斯林应在财富中拿出足以满足贫穷者的部分。贫穷者的饥饿与赤贫,只因富人的拒绝而发生。真主必将严厉地清算他们,并施以严厉的惩罚。"48
"They [unbelievers] will say 'We were not of those who prayed, nor were we of those who fed the indigent'"43 and "This was he who would not believe in God most High, and would not encourage the feeding of the indigent."44 The Messenger (p) describes the mutual solidarity, caring, and security of the Islamic society in several sayings: "The believer to the fellow believer is like a structure whose blocks are bound to [and streghthen] each other,"45 "The example of Muslims in their mutual love, compassion, and mercy is like one single body. If one of its members aches, the other members respond with fever and insomnia,"46 "He is not a believer who goes to sleep satiated while his neighbor besides him is hungry."47 'Ali narrates that the Prophet said, "Indeed, God prescribes on wealthy Muslims in their wealth contributions as much as satisfies the poor. The poor shall not suffer from hunger and nakedness except from repulsion by the rich. Verily God shall make the account difficult for them and punish them a severe punishment."48
伊本·哈兹姆为这一观点辩护。
Ibn Hazm defends this opinion
在他的《al Muhalla》一书中,伊本·哈兹姆有力地支持这样的观点:除天课之外,还存在其他的财务义务。他提供了若干论证,并引用了《古兰经》、圣训、圣门弟子以及再传弟子的言论,最后得出结论:"真主命令每个城市的富人,要全面照顾该城市的穷人。如果天课收入不足,又没有可用的 fai'(法伊),政府必须强制富人为穷人出资。应当为穷人安排食物、冬夏两季的衣物,以及能够遮挡雨水、酷热、日晒和路人目光的住所。"他的论证如下:
In his al Muhalla, Ibn Hazm strongly supports the view that besides zakah, there are other financial dues. He provides several arguments and quotes from the Qur'an, Sunnah, Companions, and Followers, and concludes, "God ordains the rich of each city to take complete care of the poor in that city. If zakah proceeds are not sufficient and there is no available fai' to be used, the government must force the wealthy to spend on the poor. There must be assignments for food, clothes for winter and summer, and shelter that protects them from rain, heat, sunshine, and the eyes of passers-by." His argument goes as follows:
A. 在《古兰经》中,真主说:"你要把应得的权利给予亲属、贫民和旅客。"48 又说:"你们应当孝敬父母,应当优待亲属、孤儿、贫民、近邻、远邻、同伴、旅客,以及你们右手所有的人。"50 因此,真主规定了亲属的权利,同时也规定了贫民和旅客应得的权利,并命令人们行善于父母、亲属、穷困者、邻居和奴仆。行善必然包括照顾他们的身体所需。拒绝这样的照顾,无疑是错误的,也是罪过。在另一节经文中,真主解释了人们堕入火狱的原因:"是什么使你们陷入烈火之中?"他们会说:"我们过去不是拜功的人,也不曾供养过贫民。"51 在这里,真主把供养贫民与必行的拜功相提并论。
A. From the Qur'an God says, "And render to the kindred their due right, and also to those in want and to the wayfarer,"48 and "And do good to parents, kinsfolk, orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, the wayfarer, and what your right hands possess."50 Thus God imposes a due to the indigent and the wayfarer along with the right of the kindred, and prescribes good doing to parents, kinsfolk, needy, neighbors, and slaves. Good doing requires taking care of their physical needs. Refusing to take such care is undoubtedly wrong and sinful. In another verse God explains the reason for dwelling in Hell: "What led you into Hellfire? They will say, 'We were not of those who prayed, nor were we of those who fed the indigent'."51 God, here, associates feeding the needy with obligatory prayers.
B. 圣训选录 据多条无可挑剔的可靠传述链记载,真主的使者说:"不怜悯人的,不会得到真主的怜悯。"[52] 凡有余财,见到穆斯林兄弟饥饿、赤身或失所而不伸出援手的,无疑就是不怜悯人。'Abd al Rahman bin Abu Bakr 说:"同伴中或 al Suffah 的人都是贫穷的人,真主的使者ﷺ说:'有两人份食物的,要带上第三个人;有四人份食物的,要带上第五个或第六个人。'"[53] 伊本·欧麦尔传述,真主的使者ﷺ说:"穆斯林是穆斯林的兄弟。他不欺压他,也不抛弃他。"[54] 自己有能力供养和衣物,却任由穆斯林兄弟饥饿或受寒,这无疑就是抛弃他!艾布·赛义德传述,真主的使者ﷺ说:"有多余坐骑的,应给没有坐骑的人;有多余食物的,应给没有食物的人。"艾布·赛义德接着说:"先知ﷺ提到了他喜欢提及的各类财物,种类之多,以至于我们认为我们中没有人对多余的财物拥有权利。"[55] 我认为,正如艾布·赛义德所述,同伴们对这段圣训所涵盖的一切,意见一致。艾布·穆萨传述,先知ﷺ说:"给饥饿的人食物,为被俘者付赎金以释放他。"56
B. From the sayings The Messenger of God is reported, through several chains all excellent in correctness, to have said, "He who has no mercy toward people shall not receive mercy from God."52 Whoever has excess wealth and sees his Muslim brother hungry, naked, or lost, and does not extend help, is undoubtedly merciless. 'Abd al Rahman bin Abu Bakr says "The Companions or al Suffah were poor people, and the Messenger of God said, He who has food for two must take with him a third, and he who has food for four must take with him a fifth, or a sixth.'"53 Ibn 'Umar narrates that the Messenger of God (p) said, "A Muslim is a brother of the fellow Muslim. He does not do him injustice or let him down."54 Leaving a Muslim to hunger or cold while one has the ability to feed and clothe him is certainly letting him down! Abu Sa'id narrates from the Messenger of God (p), "He who has an extra ride must give it to him who has no ride, and he who has excess food must give to him who has no food." Abu Sa'id continues, "and the Prophet mentioned the kinds of wealth that he liked to mention, so many kinds that we saw that none of us has a right to any excess."55 I believe there is unanimity among the Companions as stated by Abu Sa'id, about all that comes in this saying. Abu Musa narrates from the Prophet (p), "Feed the hungry and pay to release the captive."56
脚注
Footnotes.
1. 泰伯里说:"如果有人问,除了天课之外,财产上是否还有其他必须履行的义务,答案取决于学者们的不同见解。有些学者认为,除了天课之外还有必须履行的义务,其依据是这段经文,因为真主在提到拜功和完纳天课时,用了并列的表述方式,又加上了对近亲和其他人的施舍。因此,这种施舍必定与天课不同。"
1. Al Tabari says, "If it is asked whether there are other dues obligatory on wealth besides zakah, the answer depends on the different interpretations of scholars. Some scholars believe there are obligatory dues in addition to zakah, based on this verse, since God adds spending on kindred and others to prayers and practicing zakah in an additive form of expression. Thus, this spending must be different from zakah.
否则,那就是毫无意义的重复,而真主不说无意义的话。这两个附加内容必须有不同的含义。"泰伯里补充道:"其他学者认为,经文开头提到的施舍与结尾提到的天课是同一回事。"看来泰伯里倾向于第一种观点。参见《泰伯里经注》第3卷第348页,以及《古尔图比经注》第3卷第42页。
Otherwise, it would be senseless repition, and God does not say senseless words. Each of these two additives must have different meaning." Al Tabari adds, "Other scholars believe the spending mentioned at the beginning of the verse is the same as zakah mentioned at its end." It seems that al Tabari is inclined toward the first opinion. See Tafsir al Tabari, Vol. 3, p. 348, and Tafsir al Qurtubi, Vol. 3, p. 42.
2. 《Al Amwal》,第357–358页。
2. Al Amwal, pp. 357-358.
3. 同上。
3. Ibid.
4. 古兰经 第6章 《牲畜》 第141节。
4. Sura al An'am, 6:141.
5. 《Al Muhalla》,第5卷,第216-217页。
5. Al Muhalla, Vol. 5, pp. 216-217.
6. 同上。
6. Ibid.
7. 同上。
7. Ibid.
8. 同上。
8. Ibid.
9. 同上。
9. Ibid.
10. 《伊本·凯西尔古兰经注》第2卷,第181-182页。