信士们啊!你们被规定了对杀人者实行同态复仇:自由人还自由人,奴隶还奴隶,女人还女人。如果凶手的兄弟[即被害者的亲属]宽恕了他,那就应当以合理的方式要求赔偿,并以善意的方式向被害者的家属支付赔偿。这是你们的主所给予的减免和恩典。此后仍然违犯的人,将遭受严厉的刑罚。明理的人啊,同态复仇的律法中有生命留给你们,以便你们敬畏主。(第178-179节)
Believers, just retribution is prescribed for you in cases of killing: a free man for a free man, a slave for a slave, and a female for a female. If something [of his guilt] is remitted to a person by his brother, this shall be pursued with fairness, and restitution to his fellow-man shall be made in a goodly manner. This is an alleviation from your Lord, and an act of His grace. He who transgresses thereafter shall face grievous suffering. There is life for you, men of understanding, in this law of just retribution, so that you may remain God-fearing. (Verses 178-179)
这段经文开始时向信士们发出呼告,突出他们的主要品质,即他们已经信仰,这意味着他们从真主那里接受自己的律法。由此告知他们,依照这两节经文所规定的条款,对杀人案件可以实行同态复仇。经文还号召他们思考这一立法的目的与智慧,即第二节所阐明的内容。经文提醒他们需要增强敬畏真主之心,这种敬畏起着安全阀的作用,防止在惩处被控杀人者时出现任何过度或不公的行为。
The passage begins with an address to the believers, highlighting their main quality of having accepted the faith, which means that they receive their laws from God. They are hereby informed that retribution in cases of killing is permitted to them, in accordance with the provisions laid down in these two verses. They are also called upon to reflect on the purpose and wisdom of this legislation, outlined in the second verse. They are reminded of the need to enhance their sense of God-fearing, which acts as a safety valve against any excess or injustice in punishing those accused of killing.
该经文清楚地指明了应当如何施行报复:自由人为自由人,奴隶为奴隶,女人为女人。然而,“如果凶手的兄弟(即受害者的亲属)宽恕他,就应当依礼追索,并以善意向他偿还”(第178节)。这种情况出现在受害者的亲属决定接受经济赔偿,而不坚持将凶手处决以作报复的时候。一旦达成这一协议,受害者的亲属也有义务寻求公正而友好的和解,而凶手的监护人或代理人也必须同样爽快、体面地履行赔偿。
The statement clearly indicates how retribution ought to be exacted: a free man for a free man, a slave for a slave, a woman for a woman. But “If something [of his guilt] is remitted to a person by his brother, this shall be pursued with fairness, and restitution to his fellow-man shall be made in a goodly manner.” (Verse 178) This situation would arise when the victim’s relatives decide to accept financial compensation instead of insisting on the execution of the killer in retaliation. Once this is agreed, the victim’s relatives are also under an obligation to seek a fair and amicable settlement, while the killer’s guardian or representative must, on his part, settle readily and honourably.
这样做既能澄清误会,也能消除双方之间本会不可避免产生的怨恨与芥蒂。这也有助于双方在世的成员之间建立更加友好、融洽的关系。
This serves to clear the air and to remove any ill-feelings or grudges that would have inevitably arisen between the two parties. It would also be conducive to a more friendly and pleasant relationship between the living members of both parties.
这一规定是出于真主的恩典而制定的,是对信士的特殊优惠与慈悲之举:"这是你们的主所给予的减轻和恩惠。"(第178节)允许以向受害者家属支付经济赔偿来解决杀人案件的这一让步,在《讨拉特》中并未赐予犹太人。在伊斯兰教中,它被设立为一种替代办法,旨在当双方达成协议、和解友好时,保全生命。
This provision has been laid down out of God’s grace, as a special favour and an act of mercy towards believers: “This is an alleviation from your Lord, and an act of His grace.” (Verse 178) The concession permitting the settlement of cases of killing by financial compensation paid to the victim’s family was not given to the Jews in the Torah. For Islam, it has been set up as an alternative aiming to spare lives when agreement and amicable settlement can be reached.
“凡在此之后越界者,将遭受痛苦的刑罚。”(第178节)这里所指的不仅仅是后世必将降临的惩罚;这种侵害意味着死刑应当执行,而不再接受经济赔偿。违背约定即是对所达成和解的违反,只会加深仇恨、敌意,以及双方的复仇之心。
“He who transgresses thereafter shall face grievous suffering.” (Verse 178) It is not merely the punishment in the hereafter that is certain to come; such aggression means that capital punishment becomes due and financial compensation no longer accepted. Reneging on the agreement constitutes a violation of the agreed settlement and could only fuel hatred, animosity and a desire for vengeance from both sides.
因此,当受害者最近的亲属已接受血金时,他们便不能再通过杀死凶手来寻求同态复仇。
Therefore, when the victim’s closest relatives have accepted blood money, they can no longer seek retaliation by killing the killer.
我们可以体会伊斯兰处理方式中蕴含的深刻智慧,以及它对人性和人的动机的尊重与理解。伊斯兰承认,当亲属被杀时,愤怒是人最基本的本能反应,并通过立法规定正当的报复来满足这一诉求。严格的公正能够平息怒火,有助于消除怨恨,并震慑杀人者,使其不再犯罪。
We can appreciate the profound wisdom of the Islamic approach and its respect for, and understanding of, human nature and motivation. Islam recognizes anger as a very basic human reaction when one’s relative is killed, and Islam satisfies this desire by legislating for just retribution in this way. Rigorous justice cools tempers and helps to remove grudges and deter the killer from offending again.
与此同时,伊斯兰教也为宽恕留出了空间,并为双方达成协议开辟了道路,同时精确地界定了其所遵循的原则与规则。因此,伊斯兰教主张,宽恕这一选择应当出于双方真诚的和解愿望而自愿接受,而不应被强加于任何一方。
At the same time, however, Islam holds out the prospect of pardon and opens the way for mutual agreement, defining precisely the principles and rules which govern it. Islam advocates that the alternative of pardon should, therefore, come as a voluntary option accepted by both sides out of a genuine desire for reconciliation, rather than having it forced upon them.
有些注释学者认为,这一裁决已被第5章第45节所废止并取代。该节规定了同态复仇:“以命偿命,以眼还眼,以鼻还鼻,以耳还耳,以齿还齿,伤口也要以同样的方式报复。”伊本·凯西尔在其《古兰经注》中引述早期学者赛义德·本·朱拜尔的说法:本节经文是针对伊斯兰教降临前不久,两个阿拉伯部落之间爆发的战争而降示的。这场战争导致双方都出现大量流血伤亡。死者中有若干奴隶和妇女,但纷争直到双方皈依伊斯兰之后很久才得到解决。双方都提出了过分的要求,要求以一名自由人偿还一名奴隶,以一名男子偿还一名妇女。在本节经文降示之前,他们无法达成和解。但此节经文随后又被后来降示的第5章第45节所取代。阿布·马立克的一则传述也支持这一说法。
Some commentators consider that this ruling was cancelled and superseded by that given in Verse 45 of Sūrah 5, which provides for retribution on the basis of “a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and a similar retribution for wounds.” In his commentary on the Qur’ān, Ibn Kathīr quotes Sa`īd ibn Jubayr, an early scholar, explaining that the present verse was revealed with reference to fighting that broke out between two Arab clans, shortly before the advent of Islam, leading to widespread bloodshed on both sides. Among those killed were several slaves and women, but the dispute was not settled until much later, after both clans had embraced Islam. Excessive claims were made by both clans, demanding that a free man be killed for a slave and a man for a woman. They could not reach a settlement until this verse was revealed. But this verse has, in turn, been superseded by Verse 45 of Sūrah 5 revealed at a later date. The same version is supported in a report by Abū Mālik.
然而在我看来,这两节经文讨论的是同一问题——杀人偿命——的不同方面。第5章第45节说明,对于一人蓄意谋杀特定的某个人或某群人,同态复仇适用,此类定罪意味着判处死刑。而我们这里讨论的经文,涵盖的是某个群体实施攻击的情形,例如一个家族、部落或社群攻击另一方,正如那两个阿拉伯部落之间所发生的那样。当此类冲突得到解决时,公正的报复要求自由人对自由人,奴隶对奴隶,女性对女性。否则,人们不禁要问,在这类情况下,如何才能让人看到正义得到了伸张?
Nevertheless, it seems to me that the two verses are dealing with different aspects of the same issue, retribution for killing. Verse 5: 45, stating equal retribution is applicable in cases of premeditated murder of one specific person, or group of persons, by another, in which case conviction entails capital punishment. The verse we are discussing here, however, covers situations of assault by a group such as when a family, clan or community attacks another, as happened between those two Arab clans. As and when such conflicts come to be settled, just retribution would require that a free man be set against a free man, a slave against a slave, and a woman against a woman. How else in such cases, one may ask, can justice be seen to be done?
如果这一观点是正确的,那么这两节经文之间就不存在冲突,各自的裁决仍然有效,不存在一方废止或取代另一方的情况。
If this view is correct, then there is no conflict between the two verses, and the rulings of each remain valid without one superseding or replacing the other.
揭示这一裁决背后的深刻智慧及其目的,经文以这样的话作结:"明理的人啊,你们在这偿命的律例中有生命,好让你们敬畏主。"(第179节)
Revealing the profound wisdom underlying this ruling, and its objectives, the verse ends with the words: “There is life for you, men of understanding, in this law of just retribution, so that you may remain God fearing.” (Verse 179)
复仇,或满足私怨,并不是这一立法的首要目的。
Vengeance, or the satisfaction of grudges, is not the prime goal of this legislation.
它的目标是促进和保护人的生命。此外,还邀请人们思考这一法则的智慧,并致力于唤醒信徒的意识和对真主的敬畏。
Note: the original says "God", so I translated it as 真主 per the instruction to use the Chinese word for God rather than "Allah"; 真主 is the standard Simplified Chinese term for God in Islamic texts.
Its objective is to promote and preserve human life. Furthermore, there is an invitation to reflect on the wisdom of this code and an endeavour to raise believers’ consciousness and fear of God.