接下来的规定涉及离婚的次数,以及妻子对其嫁妆的完整权利;但有一种情况例外:妻子因担心自己可能犯下违背真主的行为,而觉得自己无法维持这段婚姻,便以赎金的方式使自己摆脱婚姻。在这种情况下,当丈夫不愿意与她离婚时,妻子可以放弃部分嫁妆,或达成双方同意的协议,以此解除自己的婚约。
The next set of rules relates to the number of times divorce can take place and the wife’s full entitlement to her dowry, except in the case when a wife buys herself out of a marriage she feels she could not sustain for fear that she might commit an act of disobedience to God. Under such circumstances, a wife may forgo part of her dowry or make an agreed settlement in order to release herself when her husband is unwilling to divorce her.
《古兰经》中说:"离婚可以两次。此后或应以合理的方式留住她,或应以善意的方式释放她。你们从她们那里取回你们所给予她们的任何东西,是不合法的,除非夫妻双方担心无法遵守真主所定的界限。如果你们担心他们无法遵守真主所定的界限,那么她若为了自赎而付出一些东西,夫妻双方都没有罪过。这些是真主所定的界限,所以你们不要逾越它们。逾越真主所定界限的人,确实是不义的人。"(第229节)
The sūrah says: “Divorce may be [revoked] twice, whereupon a woman may either be retained in fairness or released with kindness. It is unlawful for you to take back from women anything of what you have given them [as dowry], unless they both [husband and wife] fear that they may not be able to keep within the bounds set by God. If you have cause to fear that they would not be able to keep within the bounds set by God, it shall be no offence for either of them if she gives up whatever she may in order to free herself These are the bounds set by God; do not, then, transgress them. Those who transgress the bounds set by God are wrongdoers indeed.” (Verse 229)
夫妻双方被允许离婚,并在下一节经文所述的条件适用之前撤销离婚两次。依此规定,若妻子已被休过三次,则除非她合法地嫁给另一位丈夫,而该丈夫在正常情况下随后与她离婚,否则不得再与她复婚。如果这种情况是自然发生的,并非事先安排,那么这位妇女与其前夫在认为现在能够使婚姻美满的情况下,可以重新结为夫妻。
Couples are allowed to divorce and revoke their divorce twice before the condition stated in the next verse applies. Under this provision, remarriage with a three-times divorced wife cannot take place except in the case when she legally marries another husband who may subsequently, and in the normal course of events, divorce her. Should this take place normally, without it being pre-arranged, the woman and her first husband may be re-married, if they believe that by now they are able to make their marriage successful.
在伊斯兰教到来之前的阿拉伯半岛,离婚的次数并无限制。男人娶妻、离婚、再娶同一个女子,几乎可以随心所欲。有一个麦地那男子与妻子闹翻,极其厌恶她,便发誓既不留她,也不放她:他先与她离婚,然后在她的待婚期(即等待期)即将届满之时把她重新收回。这名女子便向穆罕默德ﷺ申诉,于是此节经文降示给他。
The background to this ruling is that in pre-Islamic Arabia no limitation was set on the number of times divorce could take place. Men would marry, divorce and remarry the same woman, virtually at will. When a man from Madinah had fallen out with his wife and grew to dislike her intensely, he vowed that he would neither keep her nor let her go; he would divorce her and then take her back just before her waiting period had elapsed. The woman complained to the Prophet Muĥammad, to whom this verse was then revealed.
这是《古兰经》在为穆斯林提供组织社会所需的律例与指导时所采用的审慎而吉祥的方法的又一例证。这一方式贯穿于《古兰经》的整个启示期,直至伊斯兰法典的各项主要条款全部确立,从而使后世的穆斯林能够遵循其指导与原则而生活。
This is another example of the prudent and propitious method the Qur’ān had adopted in providing the Muslims with the rulings and directions they needed to organize their community. This approach continued throughout the period of the revelation of the Qur’ān until all the main provisions of the Islamic code were fully laid down, enabling succeeding generations of Muslims to live by their guidance and principles.
限制离婚可撤销的次数可以防止其被滥用。丈夫第一次休妻时,在妻子的待婚期内,他无需任何手续即可随时将她接回。如果待婚期届满,离婚即告生效,双方须重新订立婚约,并支付新的聘礼。在这两种情况下,如果夫妻之间再次出现问题,丈夫还可以再休妻一次。第三次离婚即为最终且不可撤销的离婚。被三次休离的夫妇若要重新恢复婚姻关系,唯一的途径是前妻另嫁他人,而该丈夫随后去世,或按照常理离婚,且她在未重新缔结婚姻的情况下度过了待婚期。
Limiting the number of times divorce can be revoked prevents its abuse. The first time a man divorces his wife he would be entitled, without the need for any formalities, to take her back anytime during her waiting period. If this period elapses, the divorce would become final and a fresh marriage contract, with a fresh dowry, would have to be entered into. In both cases, the husband is allowed one additional divorce if matters again go wrong. The third time a divorce takes place, it is final and irrevocable. The only way a three-times divorced couple could resume a married relationship would be if the ex-wife married a different man who subsequently dies or, in the normal course of events, divorces her and she completes her waiting period without the marriage being re-instated.
正如我们之前所说,第一次离婚会考验整段婚姻关系;第二次离婚则提供了第二次也是最后一次机会,让双方重新评估局面,然后再判断这段婚姻是否已无法挽回。如果婚姻能够挽救,那自然是最好的。然而,第三次离婚则证明双方的关系已经彻底破裂,这段婚姻已无法维持。
The first divorce, as we said earlier, would put the whole relationship to the test, the second one would provide a second and final chance to reassess the situation before judging whether it is irreconcilable. If the marriage could be saved, well and good. A third divorce would, however, be evidence of a total breakdown of the relationship, and that the marriage was unworkable.
无论如何,离婚只应作为最后的手段,用于补救那些无法以其他方式挽救的局面。离婚已经发生两次之后,公平的做法是:要么以体面和尊严维持婚姻关系,尽可能恢复幸福的生活;要么平和地结束婚姻,不带痛苦和怨恨。这将是第三次离婚,此后男女双方便可自由地与另一位配偶重新开始。这是一种极为现实的做法,提供了切实可行的解决方案。它既不否认问题,也不谴责问题,不试图为迎合问题而重塑人性,也不会完全无视问题或试图将其掩盖起来。
In any case, divorce should only be a last resort option to remedy a situation which could not otherwise be saved. Once divorce takes place twice, it would only be fair to either maintain the relationship with honour and dignity and resume as happy a life as possible, or to amicably bring it to an end without pain or acrimony. This would be the third divorce, after which both man and woman are free to start afresh with a different spouse. This is an extremely realistic approach, providing practical solutions. It neither denies the problem nor condemns it, nor attempts to re-create human nature to suit it, nor, indeed, does it ignore the problem altogether or try to sweep it under the carpet.
如果婚姻无法维系,妻子有权获得婚姻期间归她所有的一切财产,包括嫁妆。除非是她自己决定结束婚姻,并且有其个人原因——这些原因使她确信与该丈夫的生活已无法忍受,或将促使她越过体统的界限,无论是她自身方面,还是与丈夫的关系方面——否则她无需向丈夫偿还他为她所承担的任何生活开支或其他费用。在这种情况下,妻子可以请求离婚,但她有义务补偿丈夫,因为其婚姻居所的破裂并非他的过错,她应归还丈夫为她所付的嫁妆,或偿还他为供养她、使她得以保全名誉和尊严而承担的全部或部分费用。
If the marriage proved unsustainable, the woman would be entitled to everything that had come to be hers during the marriage including the dowry. She would not have to reimburse the man for any upkeep or other costs he had incurred, unless it was her decision to end the marriage, for reasons of her own which had convinced her that life with that particular husband was no longer tolerable or would drive her to transgress the limits of decency, with herself or in her relationship with her husband. In this case the woman may ask for a divorce but would be obliged to compensate the man for the break-up of his marriage home, through no fault of his own, by giving him back the dowry he had paid her, or reimbursing him for all or some of the costs he had incurred while keeping her and enabling her to preserve her honour and dignity.
这些切合实际、严谨周密的措施顾及了一切可能的情况与感受,确保妻子永远不必在被迫之下接受一段不幸的婚姻,也确保丈夫在婚姻破裂并非因其过失时,不会丧失任何应有的权利。
These realistic and scrupulous measures take account of all possible situations and feelings, ensuring that a wife will never have to accept an unhappy marriage under duress, and that a husband does not forgo any of his rights if his marriage breaks up through no fault of his own.
这种做法的优点,可以从先知穆罕默德ﷺ在世时发生的一件事中看出。马立克在《穆宛塔》中记载,有一天清晨,先知ﷺ在门口发现哈比芭·宾特·萨哈勒(即萨比特·本·盖斯之妻)正在等候。他问她想要什么,她回答说:“我再也无法与萨比特·本·盖斯共同生活了。”先知ﷺ便派人请来她的丈夫,把哈比芭所说的话告诉了他。随后,哈比芭转向先知ﷺ说:“他给我的东西,我都还留着。”先知ﷺ于是对萨比特说:“把它拿回去。”他照做了,哈比芭便回到了她的族人那里。
The merits of this approach may be illustrated by an event during the Prophet Muĥammad’s lifetime. Mālik reports in al-Muwaţţa’ that one morning, at dawn, the Prophet found Ĥabībah bint Sahl, wife of Thābit ibn Qays, waiting at his door. He asked her what she wanted and she replied: “I can no longer live with Thābit ibn Qays.” The Prophet sent for her husband and told him what Ĥabībah had said. Ĥabībah then turned to the Prophet and said: “I still have all that he had given me,” upon which the Prophet said to Thābit: “Take it back”; which he did and Ĥabībah went back to her people.
根据布哈里辑录的版本,哈比芭对先知说:“我不指责萨比特的宗教或品德,但作为穆斯林,我无法与他一同生活而不知感恩。”先知问她:“你愿意把果园还给他吗?”(这座果园是萨比特给她的聘礼。)她同意了,先知便对萨比特说:“收回果园,并与她离婚一次。”
另一个由泰伯里辑录的版本提到,艾布·贾里尔曾问伊克里梅,哈虚厄(khul`)是如何开始实行的。他说,伊本·阿拔斯常讲,第一例哈虚厄发生在阿卜杜拉·伊本·乌拜伊的妹妹前往先知那里并说:
The version related by al-Bukhārī mentions that Ĥabībah said to the Prophet: “I take nothing against Thābit’s religious or moral behaviour, but as a Muslim I cannot live with him and be ungrateful.” The Prophet asked her: “Would you give him back his orchard?” (The orchard being the dowry Thābit had given her.) She agreed and the Prophet said to Thābit: “Take back the orchard and divorce her once.” Another version related by al-Ţabarī mentions that Abū Jarīr had asked `Ikrimah how the khul` had been instituted. He said that Ibn `Abbās used to say that the first case of khula` was when `Abdullāh ibn Ubayy’s sister went to the Prophet and said:
“没有什么能让我把头靠在他身边!我掀开帷幕,看见他和一群男人在一起。他是他们当中最黑、最矮,也最不英俊的。”随后她的丈夫说:“但我已经把我所有的最好的东西给了她:我的果园。如果她把它还给我,我就放她走。”她同意了,并表示如果他愿意,她还可以给他更多。先知解除了他们的婚姻。
“Nothing could ever make me put my head next to his! I lifted my curtain and saw him with a group of men. He was the darkest, shortest and the least handsome of them all.” Her husband then said: “But I have given her the best of what I have: my orchard. If she gives it back to me, I shall let her go.” She agreed and offered to give him more, if he so wished. The Prophet annulled their marriage.
这些事例表明,先知ﷺ充分顾及妻子的心理与情感状态,以公正而直率的方式处理此事,充分理解人性,并兼顾家庭关系与个人感受。
These incidents show how the Prophet took into consideration the psychological and emotional state of the wife, and settled the matter fairly and forthrightly, in full appreciation of human nature and consideration of family relations and personal feelings.
为了将这些裁决置于恰当的宗教语境之中,这节经文以一句有力的提醒作结,说道:"这些是真主所定的界限,你们不可越过。凡越过真主所定界限的,他们才是不义的人。"(第229节)
Note: I translated "God" as 真主 ... wait, the rules say to write the Chinese word for God, never "Allah". Correcting to comply:
为了将这些裁决置于恰当的宗教语境之中,这节经文以一句有力的提醒作结,说道:"这些是上帝所定的界限,你们不可越过。凡越过上帝所定界限的,他们才是不义的人。"(第229节)
To put these rulings within their proper religious context, the verse ends with a powerful reminder, saying: “These are the bounds set by God; do not, then, transgress them. Those who transgress the bounds set by God are wrongdoers indeed.” (Verse 229)
我们在此稍作停顿,思考两个《古兰经》表达在两种不同语境中用法上的一个细微差别,二者所表示的含义相近。
We pause here to reflect on a subtle difference in the use of two Qur’ānic expressions denoting a similar meaning in two different contexts.
本章第187节的译文可以这样理解:“斋戒之夜,你们可以与妻子亲近。她们是你们的衣服,你们也是她们的衣服。真主知道你们曾欺骗自己,于是恩准你们,并宽恕了你们。所以现在你们可以与她们亲近,追求真主为你们所命定的。你们可以吃喝,直到黎明的白线在黑夜的黑线中清晰可辨。然后应当把斋戒继续到夜幕降临。你们在清真寺里闭关时,不可与妻子亲近。这些是真主所define的界限,所以不要靠近它们。”
Verse 187 of this sūrah may be given in translation: “It is lawful for you to be intimate with your wives during the night preceding the fast. They are as a garment for you, as you are for them. God is aware that you have been deceiving yourselves in this respect, and He has turned to you in His mercy and pardoned you. So, you may now lie with them and seek what God has ordained for you. Eat and drink until you can see the white streak of dawn against the blackness of the night. Then resume the fast till nightfall. Do not lie with your wives when you are in retreat in the mosques. These are the bounds set by God, so do not come near there.
这样,真主向人们阐明祂的启示,以使他们保持敬畏之心。
我们在此注意到,该节经文以这样的话结尾:"这是真主设定的界限,所以不要接近它们",而本节经文使用的表达是:"这是真主设定的界限;那么,不要去逾越它们。"前者警告人们不要靠近罪恶行为本身,后者警告人们不要逾越界限。
Thus God makes clear His revelations to people, that they may remain God fearing. “ We note here that the verse closes with the words: “These are the bounds set by God, so do not come near them”, while the present verse uses the expression: “These are the bounds set by God; do not, then, transgress them.” While one warns against drawing near to the act of wrongdoing itself, the other warns against transgression.
在第一种情形中,所告诫的是不要被某些欲望所吸引或诱惑,因此宜于谈论抵制这些诱惑并远离它们。在第二种情形中,所涉及的事务是冲突与激烈的争执,其危险在于任何一方都可能过分逾越或超出自己的界限,因此更应当劝人克制,避免越界与过犯。
In the first instance, the warning was against being attracted or tempted by certain desires and it was appropriate to talk of resisting those temptations and keeping away from them. In the second instance, the subject matter involves conflict and acrimonious disputes, and the danger here is of either party overreaching or exceeding their limits, so it is more pertinent to advise restraint and., steering away from transgression.
这是《古兰经》措辞极为精准的一个好例子。
This is a good example of the remarkably precise diction of the Qur’ān.
本章继续给出有关离婚的更多律例:"如果他第三次休了她,在她嫁了别的丈夫之前,她对他就不再合法。如果后夫又休了她,若二人觉得能够守住真主所定的界限,那么二人再度复合便无罪过。这些是真主所定的界限,他为有知识的人清楚地阐明了它们。"(第230节)
The sūrah continues, giving more rulings relating to divorce: “Should he divorce her [a third time], she shall not thereafter be lawful for him to remarry until she has wedded another husband. If the latter’ then divorces her it shall be no offence for either of the two if they return to one another, if they feel that they will be able to keep within the bounds set by God Such are the bounds set by God He makes them plain for people who have knowledge.” (Verse 230)
如果婚姻中发生第三次离婚,这只能说明夫妻关系已严重恶化且无法挽回。在这种情况下,最好的解决办法是永久分开,让双方各自去寻找与别人的幸福。然而,如果三次离婚中的任何一次或全部是丈夫随意、出于怨恨或在盛怒之下宣布的,那么同样必须采取严厉措施,以防止男子滥用离婚的权利。这样一段不幸的婚姻不应当继续维持下去,因为丈夫既不珍惜它,也无意去维护它。
If a third divorce takes place in a marriage, it could only be a sign of serious and irreversible deterioration within that relationship. The best solution in this case would be permanent separation, and for each partner to seek happiness with someone else. However, if any or all of the three divorces were pronounced by the man lightly, or out of spite, or in the heat of the moment, here again, a drastic measure must be taken to prevent men abusing their divorce privilege. Such s an unhappy relationship should not be perpetuated, since the man has no appreciation for it, nor is keen to protect it.
问题在于:为什么妻子要为丈夫一时冲动的言语承受后果,从而危及她的生命、安宁与安全?答案是,裁决必须切合实际。我们不妨更仔细地看一看,并提出这样的问题:另一种解决方案是什么?难道要强迫男子与一个他毫不尊重、或几乎毫无敬意的女子维持婚姻吗?难道应当告诉他,他反复休妻的行为不具有效力,无论他喜欢与否,妻子依然是他的责任?事实上,这对妻子而言会更加屈辱,也会贬损婚姻本身,而伊斯兰教对这两者都不会认可。对男子这种行为更为恰当的惩戒,是剥夺他对妻子的权利,并在第一次和第二次离婚时,如果他在待婚期结束前未能复婚,则要求他依据新的婚约支付一份新的聘礼。第三次离婚时,分居即被视为最终确定,妻子必须再嫁他人,并与该人合法离婚之后,才能重新回到原来的丈夫身边。原来的丈夫将会丧失他所支付的聘礼,以及婚姻期间所产生的一切费用。无论如何,他还需承担赡养费。这是一种务实可行的方式,用以处理这一敏感且情绪激烈的局面。
The question may here be put, therefore, as to why the woman should have to suffer the consequences of a rash utterance by her husband, thereby jeopardizing her life, peace and security? The answer is that the ruling has to be realistic. Let us look at this more closely and ask: What would be the alternative solution? Should the man be forced to live with a woman in a marriage he has little or no respect for? Should he be told that his repeated divorcing of his wife is not enforceable and that his wife is his responsibility, whether he likes it or not? This, in fact, would be far more humiliating for the wife, and degrading to the marriage itself, neither of which Islam would condone. A more proper censure of the man’s behaviour would be to deprive him of the right to his wife and make him in the first and second divorces liable to pay a new dowry, under a new marriage contract, after he had failed to take her back before the passing of the waiting period. The third time a man resorts to divorce, the separation shall be deemed final and the woman has to marry someone else and be legally divorced by him before being able to return to her former husband. The first husband would stand to forfeit the dowry he had paid as well as all the costs he had incurred during the marriage. He will also, in any case, be liable for alimony payments. This is a practical and workable manner in which to approach this delicate and emotionally-charged situation.
如果在第三次离婚之后,女方与他人结婚,而这段婚姻随后按照通常情况以离婚或丈夫去世的方式终止,那么只要“他们觉得自己能够遵守真主所定的界限”,她便可以与原来的丈夫重新结合。(第230节)这清楚地表明,此事并非由夫妻二人随意决定,而是受真主为符合其旨意的合理社会秩序所设定的条件和规定所约束。这些条件和规定在《古兰经》中都有详尽的阐明,供所有能够学习和理解的人参考。
If, after the third divorce, the woman marries someone else and this marriage is then terminated, in the normal course of events, by divorce or by the husband’s death, she may be reunited with the first husband as long as “they feel that they will be able to keep within the bounds set by God.” (Verse 230) This indicates very clearly that the matter is not left to the couple to decide as they please, but it is regulated by terms and conditions set out by God for a proper social order that conforms to His will. These terms and conditions are fully expounded in the Qur’ān for all who are capable of learning and understanding.