《妇女》(每人都得公平的继承份额)1–14
Al-Nisa ( Fair Inheritance For All ) 1 - 14
人类啊!你们应当敬畏你们的主,他从一个人创造了你们,又从那个人创造了他的配偶,并从他们二人繁衍出许多男人和女人。你们应当敬畏你们奉其名而互相请求的真主,也应当顾念亲属关系。真主确是时刻监视着你们的。(1)
Mankind, fear your Lord, who has created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women. Fear God, in whose name you appeal to one another, and be mindful of your ties of kinship. Indeed, God is ever watching over you. (1)
把孤儿的财产交还给他们。不要用你自己的劣物去替换他们的好物,也不要把他们的财富并入你自己的财富中。这确实是一桩大罪。(2)
Give the orphans their property. Do not substitute bad things of your own for their good things, and do not absorb their wealth into your own wealth. That is surely a great crime. (2)
如果你们担心不能公平地对待孤儿,那么你们可以在其他女子中,选择你们喜欢的,娶两个、三个或四个。但如果你们担心不能公平地对待她们,那就只娶一个,或娶你们右手所拥有的女奴。这样更能避免你们行不义。 {}
If you fear that you may not deal fairly by the orphans, you may marry of other women as may be agreeable to you, two or three or four. But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice.
(3)
(3)
{ 你们应当把聘礼作为一种赠与交给女人;如果她们心甘情愿地把其中的一部分让给你们,那么你们可以毫无顾虑地享用它。}(4)
Give women their dower as a free gift; but if they, of their own accord, choose to give up to you a part of it, then you may take it with pleasure. (4)
不要把真主托付你管理的财产交给愚笨无知的人。应当从中为他们供给生活所需,并替他们穿戴,同时以和善的言语对待他们。(5)
Do not give to the feeble-minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it and speak to them in a kindly way. (5)
你们要考验孤儿,直到他们到达结婚年龄;如果你们发现他们已有成熟的判断力,就把他们的财产交还给他们,不要在他们成年之前,因挥霍和急于花用而侵吞这些财产。富裕的人应当自我克制,不去动用孤儿的财产;贫困的人则可以按照合理的方式取用。当你们把财产交还给他们时,应当有见证人在场。真主作为清算者,已经足够。(6)
Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his ward’s property], but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner. (6)
男人对父母和近亲所遗留的,有一份;女人对父母和近亲所遗留的,也有一份;无论多少,都是规定的份额。
Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share. (7)
当分产时有其他亲属、孤儿和贫困者在场,应从遗产中给他们一些,并以和善的言语对待他们。(8)
When other kinsfolk, orphans and needy persons are present at the distribution of inheritance, give them something out of it, and speak to them in a kindly way. (8)
让那些若自己留下弱小的后代,便会为他们担忧的人,也应当心存畏惧(以免亏待受其监护的孤儿),让他们敬畏真主,说话要公正。(9)
Let those who, if they themselves had to leave behind weak offspring, would feel fear on their account, be afraid (to wrong the orphans in their charge), let them fear God and speak in a just manner. (9)
那些不义地吞食孤儿财产的人,只是把火吞进自己的肚子里。
Those who devour the property of orphans unjustly, only swallow fire into their bellies.
他们将被使入熊熊燃烧的火中。
They will be made to endure a blazing fire.
(10)
(10)
真主就你们的子女为你们作如下的嘱命:男子所得与两个女子所得相等。如果所遗留的女儿都是两个以上,她们应得遗产的三分之二;如果只有一个女儿,她应得遗产的一半。死者若有子女,其父母各得遗产的六分之一;如果死者没有子女,只由父母继承,那么其母应得三分之一;如果死者有兄弟姐妹,其母应得六分之一。以上分配都须在执行死者所立的遗嘱或偿还所欠的债务之后。至于你们的父母和子女,你们不知道他们之中哪一个对你们更有益处。这是真主的定制。真主是全知的,是至睿的。(11)
God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females. If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one- half of it. As for the parents [of the deceased], each of them shall have one- sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth after (deducting) any bequest he may have made, or any outstanding debt. With regard to your parents and your children, you do not know which of them is of more benefit to you. This is, therefore, an ordinance from God. God is All- Knowing, Wise. (11)
你们可以继承妻子所遗留财产的一半,前提是她们没有留下子女;如果她们留下了子女,那么你们可以继承她们所遗留财产的四分之一,但须先扣除她们所立的遗嘱或所欠的债务。而她们(即你们的妻子)可以继承你们所遗留财产的四分之一,前提是你们没有留下子女;如果你们留下了子女,那么她们可以继承你们所遗留财产的八分之一,但须先扣除你们所立的遗嘱或所欠的债务。
You shall inherit one-half of what your wives leave behind, provided that they have left no child; but if they have left a child, then you shall have one-quarter of what they leave behind, after [deducting] any bequest they may have made or any outstanding debt. And they (i.e. your widows) shall inherit one-quarter of what you leave behind, provided that you have left no child; but if you have left a child, then they shall have one-eighth of what you leave behind, after [deducting] any bequest you may have made or any outstanding debt.
如果某个男子或女子没有直系继承人,但有兄弟或姐妹,那么他们每人可继承六分之一;但如果兄弟姐妹人数更多,则他们共同分享三分之一,且须在扣除所留遗嘱(如有)及所有未偿债务之后进行分配,而这些遗嘱和债务都不得意在损害继承人。这是真主的命令;真主是全知的,至仁的。(12)
If a man or a woman has no heir in the direct line, but has a brother or a sister, then each of them shall inherit one-sixth; but if there be more, then they shall share in one-third, after [deducting] any bequest which may have been made or any outstanding debt, neither of which having been intended to harm [the heirs]. This is a commandment from God; and God is All- Knowing, Gracious. (12)
这些是真主所设定的界限。凡服从真主和祂的使者的人,祂必使他进入下临江河的乐园,永居其中。
These are the bounds set by God. Whoever obeys God and His Messenger, him will He admit into gardens through which running waters flow, there to dwell forever.
那是至高的成功。(13)
That is the supreme triumph. (13)
凡违抗真主和使者、并逾越其界限的人,他将使他入火狱,永居其中;他将遭受屈辱的刑罚。(14)
But whoever disobeys God and His Messenger, and transgresses His bounds, him will He commit to the fire, there to abide forever; and shameful torment awaits him. (14)
概述
Overview
这部经章的开篇经文提醒世人,他们都有一位主宰、一位创造者,都源于同一个起点,属于同一个家庭。经文确立了人类的基本单位是个人,并以家庭作为社会的单位。它强调敬畏真主、维系亲属关系的重要性,并在此基础上确立互相关怀与扶助的各项义务,以及家庭之内、乃至整个人类作为一个整体之间的怜悯与慈爱。本章所包含的一切立法与规定,都考虑到了敬畏真主与维系亲属关系这两项相互关联的义务。
This first passage of this sūrah begins with a verse which reminds people that they all have one Lord and a single Creator, that they descend from the same origin and belong to one family. It defines the unit of humanity as the individual and makes the family the unit of society. It emphasises the importance of fearing God and fostering ties of kinship in order to build on this basis all the obligations of mutual care and support, as well as compassion within the family and within humanity as a single whole. All the legislation and regulations included in this sūrah take into account the twin obligations of fearing God and of fostering ties of kinship.
在这一篇章的开头,经文阐明了关于孤儿的责任与律法条文,从而为家庭和社会中通常处于弱势的人提供保护。这些条文规定了应当如何照顾孤儿及其财产。它们还规范了家庭内部的继承方式,以及在各种情况下不同亲属所应得的份额。这一切都与开篇经文所陈述的根本原则相关,该原则在其他经文的开头、中间或结尾处多次被提及。重点在于这些制度与律法条文和制定者之间的关系,制定者即至高的主,唯独祂有权立法。
In this opening passage of the sūrah, the duties and legal provisions concerning orphans are outlined, thus providing protection for those who are normally weak within both the family and society. These provisions define the way in which orphans and their property should be looked after. They also regulate how inheritance takes place within the family and the various shares of different relatives according to a whole range of situations. All this relates to the fundamental principle stated in this opening verse, reminders of which are given at the beginning, middle or end of other verses. The emphasis being on the relationship between these regulations and legal provisions and the One who enacts them, the Supreme Lord Who alone has the right to legislate.
人类始于一人
Mankind Begins With A Single Person
人类啊,你们应当敬畏你们的主,祂从一个生命创造了你们,又从这个生命创造了它的配偶,并从这两者繁衍出许多男人和女人。你们应当敬畏神,你们彼此以祂的名义相互请求,你们也应当顾念血亲的关系。
Mankind, fear your Lord, who has created you from a single soul, and from it created its mate, and from the two of them spread abroad so many men and women. Fear God, in whose name you appeal to one another, and be mindful of your ties of kinship.
诚然,真主时刻在监察着你。(第1节)
Indeed, God is ever watching over you. (Verse 1)
这篇告诫是向全人类发出的,着眼于人作为人的基本本质,好让他们都归向创造他们的主,主是“从一个人创造了你们”的。祂又从这一个人创造了他的配偶,“并从二者中散布了许多男人和女人”。(第1节)
This address is made to mankind, in their basic human quality, so that they may all turn to their Lord who has created them “from a single soul”. He further created from this single soul its mate, “and from the two of them spread abroad so many men and women.” (Verse 1)
这些简单而基本的事实蕴含着深刻的意义,对人类的思考具有很大的分量。如果人们真正留心这些事实,它将带来人生的巨大改变,帮助他们从无知的状态走向理智的状态,从而能够接受正确的引导,接纳真正的信仰。如此一来,他们便能建立起一个配得上人类的真正文明,因为人是承认真主为其主宰和造物主的受造物。
These simple and basic facts are very profound, having much weight in human considerations. Had people been truly mindful of these facts, it would have brought about great changes in their lives, helping them to move from their state of ignorance to a state of intelligence, whereby they would be able to receive proper guidance and accept the true faith. They would, thus, have been able to build a true civilisation worthy of man, the creature who acknowledges God as his Lord and Creator.
这些事实为我们的反思打开了一个非常广阔的空间。首先,它们提醒我们自己的本源,提醒我们属于我们的造物主,是祂使我们在这片大地上立足。人们往往忘记这一事实,把一切都抛在脑后,因此无法在自己的生活中建立稳固的根基。
These facts open up a very wide scope for us to reflect upon. Firstly, they remind us of our origins, and of the fact that we belong to our Creator who has established us on this earth. People are often oblivious to this fact, forget everything and, consequently, cannot establish anything in their lives on a sound basis.
人在世界已经存在了一段时间之后才来到这个世界。那么,是谁把他带到这个世界上来的呢?他并非出于自己的意愿来到这里。在他到来之前,他没有确定的存在,也没有任何意志可以决定自己是否进入这个世界。因此,人的到来是另一种意志的结果,而非出于他自己的意愿。正是这一意志决定创造人,选择并为他规定了他的道路。它赋予他存在及其全部特殊的属性、天赋与潜能。它还赋予他应对所被带入的这个宇宙的能力,而除了这同一意志所赋予的之外,他并没有任何事先的准备。不言而喻,这一意志是全能的,即它能够做它所愿意并决定的任何事情。如果人们能够铭记这一事实,他们从一开始就能够辨认出正道。
Man came into this world after a period of time when the world existed without him. Who, then, brought him into this world? He has not come into it by his own will. Prior to his arrival he had no definite existence, and no will with which to decide whether to enter this world or not. Man’s arrival in this world is, thus, the result of a will other than his own. It is this will which decided to create man, and which chose and defined his way for him. It has given him his existence with all its special characteristics, his talents and potentials. It has given him the ability to deal with the universe into which he has been brought without any prior preparation except that given him by this same will. Needless to say, that will is omnipotent in the sense that it is able to do whatever it may wish and determine. If people would only remember this fact they would be able to recognise the true path from the very outset.
当孤儿成年时
When Orphans Come Of Age
这一段有力的开篇之后,接着概述了伊斯兰社会制度所建立的基础:家庭与社群之间的相互合作,对弱者和易受伤害者的照顾,对妇女的保护与尊重,对社群财产的妥善管理,以及按照一种既能保障个人公正、又能促进社群繁荣的制度,在继承人之间分配遗产。
This powerful opening to the sūrah is followed with an outline of the foundation upon which the Islamic social system is built: mutual co-operation within the family and the community, care for the weak and vulnerable, protection and honour for women, looking after the property of the community, and the distribution of inheritance among heirs according to a system which ensures justice to individuals and prosperity to the community.
在此,监护孤儿者被命令:当孤儿达到具备健全判断力的年龄时,应将其全部财产交还给他们。此外,他们被命令不得为了侵吞财富而迎娶其监护下的未成年孤女。至于心智不健全者,由于担心一旦将财产交给他们,他们会挥霍殆尽,则不应把财产交给他们,因为这些财产实际上属于社会全体,社会对其有相应的权益。
Guardians of orphans are commanded here to hand over to them all their property when they have attained the age associated with sound judgement. Moreover, they are commanded not to marry under-age orphan girls who are in their charge in the hope of absorbing their wealth. As for the weak-minded who, it is feared, will squander their wealth once it is given to them, they should not be handed their property, because it, in fact, belongs to the community which has an interest in it.
因此,不应将它交给可能滥用它的人。男子也被命令在对待女性时普遍保持公正与公平。
Hence, it should not he given up to anyone who may use it improperly. Men are also ordered to maintain justice and fairness in their treatment of women generally.
给孤儿以他们的财产。不要以你们的坏东西去换取他们的好东西,也不要把他们的财产并入你们自己的财产。这确实是大罪。(第2节) 如果你们担心不能公平对待孤儿,那么你们可以从其他女子中选择你们喜欢的娶为妻室,两个、三个或四个。但如果你们担心不能公平对待她们,那就只娶一个,或娶你们右手所有的(奴婢)。这样更能使你们避免不公正。(第3节) 你们要把聘礼作为礼物给予女子;但如果她们心甘情愿地把其中的一部分让给你们,那么你们可以欣然享用。(第4节)
Give the orphans their property. Do not substitute bad things of your own for their good things, and do not absorb their wealth into your own wealth. That is surely a great crime. (Verse 2) If you fear that you may not deal fairly by the orphans, you may many of other women as may be agreeable to you, two or three or four. But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice. (Verse 3) Give women their dower as a free gift; but if they, of their own accord, choose to give up to you a part of it, then you may take it with pleasure.
(第4节)不要把真主托付给你们的财产交给那些智力低下的人。你们应当从中供给他们,为他们置办衣食,并以和善的言语对待他们。(第5节)你们要考验孤儿,直到他们到达结婚年龄;如果你们看到他们有成熟的判断力,就把他们的财产交还给他们,不要在他们成年之前因挥霍和急于花费而耗尽财产。富裕的监护人应当廉洁自持,不要动用孤儿的财产;贫穷的监护人则可以依照合理的方式从中取用。当你们把财产交还给他们时,应当有见证人在场。真主足以作为清算者。(第6节)
(Verse 4) Do not give to the feeble-minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it and speak to them in a kindly way. (Verse 5) Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his wards property] but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner. (Verse 6)
孤女婚配的条件
Conditions For Marrying An Orphan Girl
`Urwah ibn al-Zubair是穆斯林的一位学者,属于圣门弟子之后的一代人。他曾经向先知的妻子`Ā’ishah请教这节经文:"如果你们恐怕不能公平对待她们,那就只娶一个,或者娶你们的右手所拥有的(女奴)。这样更能使你们避免不义。"(第3节)她说:"侄子啊,这节经文指的是一个孤女由她的监护人抚养,而她是监护人财产的合伙人。"
`Urwah ibn al-Zubair, a scholar from the generation following that of the Prophet’s Companions, relates that he once asked `Ā’ishah, the Prophet’s wife, about this verse which states: “But if you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess. That makes it more likely that you will not do injustice.” (Verse 3) She said: “Nephew, this refers to an orphan girl being brought up by her guardian and she is his partner in his property.
他被她的财产和美貌所吸引,想要娶她,却不愿在聘礼上公正地对待她,也不给她别人本会给予的那份。因此,依据这节经文,人们不得娶那些孤女,除非他们公正地对待她们,并给予与她们身份相当的最高聘礼。经文还进一步命令他们改娶其他女子。 `Urwah 又引述 `Ā'ishah 的话说,这节经文降示之后,先知的同伴们就这整个问题向先知请求裁决。作为回答与帮助,本章的另一节经文降示了:"他们向你询问关于妇女的律例。你说:真主亲自为你们裁定关于她们的律例,以及在这部经典中向你们宣读的关于孤女的律例——你们不给予她们应得的财产,却又不愿娶她们;……"(第127节) `Ā'ishah 进一步说:"真主在另一节经文中的话,即'而你们不愿娶的',指的是他们不愿娶那些既不富有也不美丽的孤女。因此,他们被告知,不得娶那些因财产和美貌而令他们心动的孤女,除非他们公正地对待她们。这是因为,当孤女缺乏财富和美貌时,他们便不考虑娶她们。"(由 al-Bukhārī 辑录。)
He is attracted to her because of her property and beauty, and he wishes to marry her without being fair to her in her dower and without giving her what someone else would have given. People are therefore not allowed, on the basis of this verse, to marry those orphans unless they treat them fairly and give them the maximum dower girls in their station would have had. They are further ordered to marry other women instead.” `Urwah also relates on the authority of `Ā’ishah that the Prophet’s Companions sought his ruling on the whole question after this verse was revealed. By way of answer and assistance, another verse of this sūrah was revealed: “They ask you for rulings concerning women. Say, God [Himself] gives you His rulings concerning them, as well as what is conveyed to you through this Book about orphan women whom you deny what has been assigned to them, and you are disinclined to marry them; ...” (Verse 127) `Ā’ishah further says: “God’s statement in this other verse, i.e. ‘and whom you are disinclined to marry’, refers to their reluctance to marry orphan girls when they are neither wealthy nor beautiful. They are, therefore, told that they must not marry those orphan girls to whom they are attracted because of their wealth and beauty unless they are fair to them. This is due to the fact that they do not consider marrying them when they lack wealth and beauty.” (Related by al-Bukhārī.)
这段圣训由‘Ā’ishah转述,描述了蒙昧时期阿拉伯的一些习俗和传统,这些做法在穆斯林社会中延续下来,直到《古兰经》对它们作出了裁定。《古兰经》禁止这些做法,并将它们从穆斯林社会中革除,其指令极为审慎,把正确遵守的责任交由人们的良知来承担。这节经文以“如果你们恐怕不能公平地对待孤儿”开头(第3节)。因此,当监护人怀疑自己未能公正对待其监护的孤女时,便应当谨慎防范,敬畏真主的惩罚。这节经文是泛指的,并未specify任何特定的需要公正的领域。它要求的是,无论在哪个方面、任何情况下,都要公正地对待孤儿,包括聘礼或其他任何方面。如果监护人想娶孤女是为了她的钱财,那么他的动机是想吞并她的财产,而非出于对她的感情,也非因为她的品格使她适合做自己的妻子。如果监护人不顾双方年龄的巨大差距而娶孤女,同样是不公正的。这使得婚后的幸福生活难以维持,也没有充分顾及女孩在此事上的感受。事实上,她可能因为害羞,或者担心若违抗监护人他会挥霍她的财产,而无法表达自己的感受。还有许多其他情况也可能使公正难以维持。因此,《古兰经》把人的良知和对真主的敬畏作为守护者。本章开篇经文为所有这些法律规定和指令奠定了基础,而它以这样的提醒作结:“真主时刻监察着你们。” 当监护人不确定自己能否公平对待其所监护的孤女时,他们应当转而从其他女子中选择结婚对象。如此一来,便能消除任何关于他们不公正对待被监护人的怀疑:"如果你们怕不能公平地对待孤儿,那么,你们可以娶你们所喜欢的其他女人,两个、三个或四个。如果你们怕不能公平相待,那么,只娶一个,或娶你们右手所有的(女奴)。这样,你们就越不至于不公。"(第3节)
允许一夫多妻的理由
Reasons For Permitting Polygamy
伊斯兰是一套务实而积极的人生体系,它符合人的本性,符合人的体质、需求和要求,也适应各个领域、各个时代不断变化的环境。它面对的是现实中的人本来的样子,并在他所处的境况中提升他,使他达到其他任何途径都无法达到的高度;它既不否定人的天性欲望,也不压抑人的本性,更不忽视人的现实需要。此外,伊斯兰对人采取温和的态度。它不会以暴力或随意的推搡迫使人朝它所期望的方向前进。
Islam is a practical and positive system for human life, which is consistent with human nature and with man’s constitution, needs, requirements and changing circumstances in all areas and all generations. It is a system which deals with man as he is, and in the situation it finds him in, elevating him to heights he can never otherwise achieve, without in any way denouncing his natural desires or suppressing his nature or overlooking his practical needs. Moreover, Islam approaches man gently. It does not resort to violent or arbitrary pushing to force him to move in the direction it wants.
伊斯兰并不会滋生空想式的理想主义,也不会出现脱离人性与实际生活需要的玄想式理论。它是一套关注人的道德与社会纯洁的制度。凡是可能导致道德价值削弱、社会败坏的情况,它都不允许存在。它致力于建立一种促进道德价值与社会纯洁的社会秩序,并且使个人与社会双方所需付出的努力降至最低。
Islam does not raise the spectre of hollow idealism, or dreamy theorisation that clashes with man’s nature and the needs of his practical life. It is a system that cares about man’s morality and the purity of society. It does not allow a situation to exist if this is likely to lead to the weakening of moral values and the corruption of society. It works for the creation of a social order that promotes moral values and the purity of society with minimum effort on the parts of both the individual and society.
我们在讨论一夫多妻制问题时,必须牢记伊斯兰制度的这些基本特质。首先,我们看到,在过去和现在的不同社会中,都曾出现许多实际情况:适婚女性的数量超过了可以结婚的男性数量。历史上从未有过哪个社会的此类失衡超过四比一的比例,它总是在这一限度之内。那么,我们如何应对这种时而发生、比例和社会各不相同、却又不容忽视的失衡呢?我们是耸耸肩、置之不理吗?还是任其放置,等待局势随着各种情况自行平息?
We have to keep all these essential qualities of the Islamic system in view when we look at the question of polygamy. We see firstly that there have always been many practical cases, in different societies, in the past and in the present, where the number of women of marriageable age exceed the number of men who may get married. It has never been known in history that such an imbalance which can affect certain societies has ever exceeded the ratio of four to one. It is always within that limit. How do we deal with this imbalance which happens from time to time in different ratios and societies and which cannot be overlooked? Do we simply shrug our shoulders and do nothing? Do we leave it without treatment until it settles down according to whatever circumstances may come to prevail?
耸耸肩并不能解决任何问题。任由社会对这样的局面听天由命,是任何严肃、尊重人类的人都不会考虑的。必须采取行动,并设计出一套制度。在这里,我们面临三种选择:
Shrugging our shoulders does not solve any problem. Leaving society to deal with such a situation at random is something no serious man who respects the human race would contemplate. Action must be taken and a system must be devised. Here we find ourselves facing three alternatives:
与女奴的关系
Relationships With Slave Women
到目前为止,我们已充分重视《古兰经》对娶多位妻子这一许可所附加的条件,即公正对待。当一个男人担心自己无法做到这一条件时,《古兰经》的经文规定了他可以选择的几种办法:“如果你们恐怕不能公平相待,那就只娶一个,或娶你们右手所有的女奴。”(第3节)这意味着,在无法做到公正的情况下,婚姻应当限于一位妻子。经文中“你们右手所有的”一语所提及的另一种选择,指的是女奴。这一表述是笼统的,并未特指正式的婚姻。我们在讨论第2章《黄牛》(《黑牛》,即《白克勒》章)的相关经文时,已谈过奴隶制的一般问题。在此处的经文上,有必要再简要补充几点看法。
So far we have given due importance to the condition attached by the Qur’ān to the concession to marry more than one wife, namely, fair treatment. When a man fears that he may not be able to abide by that condition, the Qur’ānic verse stipulates certain options that are open to him: “If you fear that you will not be able to maintain fairness between them, then marry only one, or those whom your right hands possess.” (Verse 3) This means that where fairness cannot be maintained, marriage should be confined to just one wife. The other alternative touched upon by the phrase “those whom your right hands possess” refers to women who are slaves. The statement is expressed in general terms, without specifying formal marriage. We have already spoken about the general question of slavery when we discussed the relevant verses in Sūrah 2, The Cow, or Al-Baqarah. It is pertinent to add here some brief remarks in connection with the present verse.
当一名女奴被婚配时,她恢复了作为人的尊严。这样的婚姻使她及其主人所生的子女有资格获得自由,即使主人在娶她时并未真正解放她。她生下孩子的那一天,便晋升为“孩子的母亲”的地位。她的主人不再有权出售她,并且在主人去世后她即获自由。她的孩子自出生起便是自由人。
When a slave woman is married, she regains her human dignity. Such a marriage qualifies her and any offspring by her master for freedom, even if he does not actually set her free when he marries her. On the day when she gives birth, she is elevated to the status of “the child’s mother”. Her master no longer has any right to sell her, and she is free on his death. Her child is free from birth.
类似的情况也适用于:如果她的主人在没有婚姻的情况下与她结合。当她生育后,便获得“孩子的母亲”的身份,不得被出售。
Similar conditions apply if her master joins her to himself without marriage. When she gives birth, she gains the status of “the child’s mother” and she cannot be sold.
主人去世后,她获得自由。如果她的孩子是主人的,且主人生前承认其父子关系(这是当时的普遍做法),那么这个孩子也随之获得自由。
On her master’s death, she regains her freedom. So does her child by him, if he acknowledges his parenthood as was the general practice.
两者——婚姻和同居——都能使女奴获得自由。我们知道,伊斯兰教为奴隶重获自由提供了许多此类途径。
Both marriage and cohabitation enable a slave woman to gain her freedom. We know that Islam has provided many such methods for slaves to regain their freedom.
虽然如此,仍有一些人可能会对与女奴同居这一观念感到不安。
Still, some of us may feel uneasy about the notion of cohabiting with a slave woman.
将财产交还给孤儿
Handing Property Over To Orphans
在结束了关于娶孤女及其他女子的讨论之后,本章又重新谈及孤儿的继承问题。它就如何将孤儿的财产交还给他们作出了详细的规定;此前在第二节经文中,这一点已作过简要提及。
Having finished with this aspect of the discussion of marriage with orphan girls and other women, the sūrah again picks up the subject of orphans’ inheritance. It provides detailed legislation concerning the handing over of their monies to them, having briefly referred to this in the second verse.
尽管这份财产属于孤儿,但从本质上说,它仍是真主赐予社会的财产,目的是让社会能够最好地利用它。因此,社会才是财产的首要所有者。
Although this property belongs to orphans, it remains, in essence, the property of the community given by God so that the community may make its best use of it. It is the community, therefore, which is the primary owner of property in general.
个人,包括孤儿,以及那些在死后将财产留给他们的人,负责管理这些财产,以便他们能够投资并从中获益,同时也为整个社会带来益处。只要他们能够证明具有健全的判断力,就可以承担这项工作。个人所有权连同其一切权利和限制,正是建立在这一原则之上。拥有财产但心智有缺陷、无法明智地管理自己财产的孤儿,不得掌控其财产。尽管他们的所有权依然完整,且不能被剥夺,但他们不被允许管理自己的财产。正如我们所说,这些财产属于社会。因此,从社会成员中挑选一位有能力管理的人来负责,同时考虑其与孤儿的亲属关系远近。这样,家庭内部相互照顾的原则得以实现,而这一原则正是大家庭即整个社会普遍照顾的基础。至于心智有缺陷的人,他们有权从自己的财产中获得充足的供养和衣物,也有权得到善待:"你们不要把真主使你们赖以生活的财产交给愚昧无知的人,但你们可以用它供养他们,给他们穿衣,并且对他们说和善的话。"(第5节)
Individuals, including orphans and those who have left them this property upon their death, are in charge of it so that they may invest and benefit by it and provide benefit to the community at large. They may undertake this task as long as they are able to prove sound judgement. Individual ownership, with all its rights and restrictions, is based on this principle. Orphans who have property, but who are feeble minded and unable to look after their property wisely, are not given control over it. Although their rights of ownership remain intact and cannot be taken away from them, they are not allowed to administer their property. It belongs, as we have said, to the community. Hence, someone who is able to administer it from the ranks of the community is given charge of it, taking into consideration his degree of kinship to the orphan. Thus, the principle of mutual care within the family, which is the basis of general care within the greater family of the society, is fulfilled. The feeble-minded, however, enjoy the rights of adequate maintenance and clothing out of their property, as well as the right to be treated kindly: “Do not give to the feeble- minded your wealth which God has assigned to you in trust. Make provisions for them and clothe them out of it, and speak to them in a kindly way.” (Verse 5)
愚钝与明智的判断力,在一个人达到青春期之后是很容易辨别的。这类事情很容易被识别,也无需任何特定的定义。社群总能分辨出一个判断力健全的人,也能分辨出一个头脑愚钝的人,因为社群会评判每个人的行为。因此,为确认孤儿已达到青春期而进行的考察(《古兰经》经文以“婚配”一词指称此事),是只有在青春期之后才能完成的功能。“你们要考验孤儿,直到他们到达婚龄;如果你们看到他们有健全的判断力,就把他们的财产交还给他们,不要在他们成年之前,因挥霍和急于求成而耗尽它。富有的人应当自持,不要动用孤儿的财产;贫穷的人则可以按照合理的方式取用。当你们把财产交还给他们时,应当有证人为他们作证。真主足以作清算者。”(第6节)
Feeble-mindedness and sound judgement can be easily detected after a person has attained puberty. Such matters are easily recognised, and they do not require any specific definition. The community can always recognise a person of sound judgement as also one with a feeble mind. The community evaluates the behaviour of all. The test, therefore, to make sure that the orphan has reached the age of puberty, which is referred to in the Qur’ānic text by the term “marriage”, is the function that can be fulfilled only after the attainment of puberty. “Test the orphans [in your charge] until they reach a marriageable age; then, if you find them of sound judgement, hand over to them their property, and do not consume it by wasteful and hasty spending before they come of age. Let him who is rich abstain generously [from his ward’s property], but he who is poor may partake of it in a fair manner. When you hand over to them their property, let there be witnesses on their behalf. God is sufficient as a reckoner.” (Verse 6)
继承:一套公平的社会保障制度
Inheritance: A Fair System Of Social Security
男子对父母和近亲所遗留的,有一份;女子对父母和近亲所遗留的,也有一份;无论多少,都是规定的份额。(第7节)
Men shall have a share in what parents and kinsfolk leave behind, and women shall have a share in what parents and kinsfolk leave behind; whether it be little or much. It is an apportioned share. (Verse 7)
在蒙昧时代,也就是伊斯兰教出现之前的阿拉伯半岛,女性不享有任何遗产继承份额,年幼的男孩所得也很少,甚至一无所得。原因在于这两类人都不能参与对抗侵犯者的战斗。另一方面,真主的法律使所有亲属都有继承权,依据他们的亲缘关系远近和各自的份额,具体内容将在后文详述。伊斯兰教的观点是,同一家族的成员应当相互扶助、彼此照顾。每个人都有责任在亲属困难时照顾他们,并在因致人死亡、伤害他人或造成身体损害而需要支付赔偿时,分担其应负的责任。因此,亲属在留下财产时相互继承,依各自的亲缘关系而定,这是理所当然的。这也体现了“获益与责任相称”这一原则的实际运用。伊斯兰教是一个完整且高度协调一致的体系,这在权利与义务的分配上体现得最为清楚。
In the days of jāhiliyyah, or ignorance, in pre-Islamic Arabia, no share of inheritance was given to females, and little, if any, was given to young boys. The reason being that neither group could fight against any aggressor. God’s law, on the other hand, made inheritance due to all kinsfolk, according to their degree of kinship and their shares, which will be detailed later. It is the view of Islam that members of the same family should help and look after one another. Everyone is required to look after his relatives when they are in need, and to share their liability in paying compensation in cases of causing death to or inflicting injury or bodily harm on others. Hence, it is only right that relatives should inherit each other, when they leave behind some property, according to their respective kinship. This gives practical effect to the rule that: “gain is commensurate with liability”. Islam is a complete and perfectly coherent system. This is reflected most clearly in the distribution of rights and obligations.
这是继承的一般原则。有人可能会质疑继承的理念,但这只暴露了他们对真主不敬,也表明他们不了解人性以及现实生活的需要。
This is the general rule of inheritance. Some people may question the concept of inheritance, but this only betrays their rudeness towards God, their ignorance of human nature and the requirements of practical life.
要理解构成伊斯兰社会制度的原则,便足以结束这类徒劳的争论。这一制度的基本特征是相互关怀。为了使相互关怀有坚实的基础,伊斯兰以人类自然天性为坚固根基来构建其体系,这些天性在人类生活中负有基本的作用。
It is enough to understand the principles which form the Islamic social system to put an end to such futile arguments. The basic characteristic of this system is mutual care. In order to give mutual care a sound basis, Islam builds its structure on a solid foundation of natural human inclinations that have a basic role to fulfil in human life.
家庭纽带是真实而自然的。它们并非由人类的任何一代所发明,也不是由历代的累积智慧所创造。
Family ties are genuine and natural. They have not been invented by any generation of humanity, nor indeed by the cumulative wisdom of all generations.
保护弱者与易受伤害者
Protecting The Weak And Vulnerable
在确定各自应得的继承份额之前,本章再次警告人们不要侵吞孤儿的财产。这种警告的表达方式必定会深深触动人心。它唤起人们对爱的情感、对自己子女的怜爱,唤起父母在孩子幼小软弱时的忧虑,也唤起对全知全能、监察我们一切行为的真主的敬畏。它还唤起人们对来世安危的担忧。以下这一场景极其生动而有力地描绘了入火焚烧的恐惧:“让那些如果自己留下了软弱的后代,就会为他们担忧的人,去敬畏(不要亏待他们所监护的孤儿)吧,让他们敬畏真主,并说公正的话。”
Before defining the respective shares of inheritance which are due, the sūrah gives another warning against absorbing orphans’ property. The way the warning is delivered cannot fail to have a strong effect on people’s hearts. It does this by stimulating feelings of love, of compassion for one’s own children, of parental fear for them when they are young and weak, and similarly of fear of God who watches over all our actions. It also arouses fear for one’s safety in the life to come. The fear of burning in the fire is portrayed here in a very vivid and powerful scene: “Let those who, if they themselves had to leave behind weak offspring, would feel fear on their account, be afraid (to wrong the orphans in their charge), let them fear God and speak in a just manner.
“凡不义地吞噬孤儿财产的人,只是把火吞进自己的肚腹。他们将被使去忍受烈火的焚烧。”(第9-10节)
Those who devour the property of orphans unjustly, only swallow fire into their bellies. They will be made to endure a blazing fire.” (Verses 9-10)
这第一节经文触动了为人父母的恻隐之心,描绘出父母普遍的担忧:担心自己的子女将来会遭遇什么。他们被引导去想象自己的孩子柔弱无助、孤苦无依,没有人保护,也没有人怜悯。若他们设想自己的孩子处于这样的境地,就必然会对自己所照管的孤儿产生同情。他们无法知道,自己的孩子是否也会被托付给他人照顾,正如他们如今照管着孤儿一样。此外,他们还被告诫,在对待受其照管之人时应当敬畏真主。这样,真主便会为他们的子女安排同样敬畏祂的人,那些人会像他们对待孤儿那样对待其子女,满怀慈悲,悉心照料。他们还被嘱咐,要以公正的言语与孤儿交谈。
The first verse touches on parental heartstrings, describing typical parental fear for what may happen to their offspring. They are made to imagine their children, weak, defenceless, left alone with no one to protect or have mercy on them. If they think of their own children in this position, they are bound to sympathise with orphans in their own charge. They cannot know whether their own children would be placed in the care of others, in the same way as they are in charge of orphans. It is further impressed on them that they should fear God in their dealings with those in their charge. This so that God will provide their own children with people who fear Him in the way they deal with such orphans and that they be compassionate and take good care of them. They are also told to speak justly to orphans.
第10节描绘了一幅可怕的景象:人们把火吞进腹中,并在来世遭受地狱的折磨。
Verse 10 portrays a fearful scene with people swallowing fire into their bellies, and suffering the torment of Hell in the life to come.
孤儿的财产就是火,监护人吞噬这火,就如同吞食他们的食物一样。他们的最终归宿也是熊熊烈火,内外都是烈火。这一场景的描绘让火显得极为真实,仿佛能感受到它的热度,仿佛能看见它灼烧着肚腹与皮肤。
Property that belongs to orphans is fire, and guardians devour that fire in the same way as they eat their food. Their ultimate abode is also a blazing fire. It is a blazing fire both inside and out. The way the scene is portrayed shows the fire to be very real, as if its heat is being felt and as if it is seen to burn bellies and skins.
伊斯兰的继承制度确保所有人都得到公正
Islamic Inheritance Ensures Justice For All
真主就子女的继承事宜,为你们做了如下规定:男子所得的份额,等于两个女子所得的份额。如果继承人都是女子且多于两人,她们应得遗产的三分之二;如果只有一个女儿,她应得遗产的一半。至于死者的父母,如果死者有子女,父母每人可得遗产的六分之一;如果死者没有子女,而由父母继承,那么母亲得三分之一;如果死者有兄弟姐妹,母亲则得六分之一。这些都须在执行死者所立的遗嘱、偿还所欠的债务之后进行。你们不知道父母和子女中,谁对你们更有益处。这是真主的定制。真主是全知的,是至睿的。(第11节)
God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females. If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it. As for the parents [of the deceased], each of them shall have one sixth of what he leaves behind, in the event of his having a child; but if he leaves no children, and his parents be his heirs, then his mother shall have one-third; and if he has brothers and sisters, his mother shall have one-sixth after (deducting) any bequest he may have made, or any outstanding debt. With regard to your parents and your children, you do not know which of them is of more benefit to you. This is, therefore, an ordinance from God. God is All-Knowing, Wise. (Verse 11)
此时,该章解释了伊斯兰的继承制度。它以一项命令开始,这项命令以强烈建议的形式,由真主向父母发出,要求他们在子女之间保持公正。这一命令表明,真主,至尊至圣,比父母对自己的子女更仁慈、更公正、更怜悯。
At this point, the sūrah explains the Islamic system of inheritance. It starts with an order, made in the form of a strong recommendation, made by God to parents, to maintain justice among their children. This order shows that God, limitless is He in His glory, is kinder, fairer and more merciful than parents are to their own children.
这也表明,整个继承制度是由真主所确立的,真主对于父母与子女之间的每一件事,以及亲属之间可能出现的每一个问题,都已作出了裁决。人们别无选择,只能接受他的命令,并执行他的判决。这正是本章全篇所要以最清晰的方式阐明的真正的宗教观念。
It also shows that the whole system of inheritance has been laid down by God, who has given His verdict on every issue concerning parents and children, or that may come up among relatives. People have no choice but to receive their orders from Him and to implement His rulings. This is the proper concept of religion which the sūrah, in its entirety, seeks to explain in the clearest of terms.
开篇的陈述也确立了贯穿整个伊斯兰继承制度的一般原则:“真主就你们的子女命令你们:男子所得与两个女子相等。”(第11节)随后,依照上述一般原则,给出了具体细则并规定了各自的份额。所有这些细则都见于两节经文中:第一节涉及子女继承,以及父母从子女处继承的情况;第二节列出丈夫和妻子的继承份额,以及已故者既无子女也无父母在世的情形。本章最后一节还阐明了其他一些继承规则。
The opening statement also lays down the general principle which pervades the whole system of Islamic inheritance: “God has this to enjoin on you with regard to your children: The male shall have a share equal to that of two females.” (Verse 11) Details are then provided and shares assigned in the light of the aforementioned general principle. All these details are given in two verses; the first is devoted to inheritance by offspring and by parents from their children, while the second lists the inheritance of husbands and wives, and situations when the deceased has no surviving children or parents. A few other rules of inheritance are also explained in the last verse of this sūrah.
父母与子女的继承
Inheritance Of Parents And Children
分配从子女继承父母遗产的份额开始:“如果女儿有两个以上,她们应得遗产的三分之二;如果只有一个,她应得一半。”{若女子多于二人,则她们可得遗产的三分之二;若只有一人,则她可得一半。}如果死者没有男性后裔,但有两个或两个以上的女儿,那么她们平分遗产的三分之二。如果他只留下一个女儿,她继承遗产的一半。剩余部分归于其父系方面最近的亲属,即他的父亲、祖父或兄弟,或同父异母的兄弟,或他的伯叔,或他祖父的子孙。
The division begins with the shares of offspring when they inherit from their parents: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind; and if there is only one, she shall have one-half of it.” If the deceased has no male issue, but has two or more daughters, his daughters share equally two- thirds of his estate. If he leaves behind only one daughter, she inherits half of his estate. The remainder goes to his nearest of kin on his father’s side, i.e. to his father, grandfather or brother, or to his half-brother on his father’s side or to his paternal uncle or the children of his grandfather.
《古兰经》经文说:"如果女儿多于两个,她们应得遗产的三分之二。"这段经文规定,若死者遗留下两个以上的女儿,她们应分得三分之二。根据圣训以及本章末节中两个姊妹所得份额的类比,若死者只留下两个女儿,同样应得三分之二。至于圣训,艾布·达五德、提尔米兹和伊本·马哲根据哲比尔的传述记载:赛尔德·本·拉比尔的遗孀来见先知,说:"上主的使者啊,这是赛尔德的两个女儿,她们的父亲在乌候德战役中为主殉难,而他是与您一同作战的。她们的叔叔拿走了她们的财产,什么也没有给她们留下。如果没有钱,她们将无法嫁人。"先知说:"主将就此事作出裁决。"随后,规定继承份额的经文降示了。先知派人通知她们的叔叔说:"把赛尔德的两个女儿三分之二的财产给她们,把她们母亲八分之一的财产给她,剩下的部分你自己拿去。"由此可见,先知的这一裁决将三分之二给了两个女儿。这表明,当死者遗留下两个或两个以上的女儿而没有儿子时,他的女儿们共同分享其财产的三分之二。
The Qur’ānic verse states: “If there are more than two women, they shall have two-thirds of what [their parents] leave behind.” This statement apportions two-thirds if the deceased leaves behind more than two daughters. The same portion of two-thirds is given when the deceased has only two daughters on the basis of the Sunnah as well as the analogy with the share given to two sisters in the final verse of this sūrah. As for the Sunnah, Abū Dāwūd, al-Tirmidhī and Ibn Mājah relate, on the authority of Jābir, that the widow of Sa`d ibn al-Rabī` came to the Prophet, saying: “Messenger of God, these are the two daughters of Sa`d whose father fell a martyr in the Battle of Uĥud in which he fought with you. Their uncle has taken their money and left them nothing. They cannot hope to get married unless they have money.” The Prophet said: “God will give His judgement in this case.” Then the verse that outlines shares of inheritance was revealed. The Prophet sent a message to their uncle, saying: “Give Sa`d’s two daughters two-thirds and their mother one-eighth and you take the remainder.” This, then, is the Prophet’s judgement which gives two-thirds to two daughters. It shows that when the deceased leaves two or more daughters but no sons behind, his daughters share two-thirds of his property.
这一部分的另一个依据是本章末节所述的两姐妹的份额:"如果有两个姐妹,她们共同可得遗产的三分之二。"(第176节)既然两个女儿比两个姐妹对死者遗产的三分之二有更强的权利,这是合乎情理的。此外,在本章末节所讲的情形中,如果只有一个姐妹,她所得的份额与本节中给予一个女儿的份额相同。
Another basis for this portion is the final verse in the sūrah which states the shares of two sisters: “If there are two sisters, they shall both together have two-thirds of whatever he has left.” (Verse 176) It is only reasonable that two daughters have a stronger claim than two sisters to two-thirds of the deceased’s inheritance. Moreover, in the case explained in the last verse of this sūrah, if there is only one sister, she inherits the same share as that given in the present verse to one daughter.
当神的律法被遵行时
When God’s Laws Are Obeyed
这些是真主所设定的界限。谁服从真主和祂的使者,真主就会让他进入下有河流流淌的乐园,永居其中。那是至高的成功。但谁违抗真主和祂的使者,并越过祂的界限,真主就会让他进入火狱,永居其中;他还将遭受羞辱的刑罚。(第13-14节)
These are the bounds set by God. Whoever obeys God and His Messenger, him will He admit into gardens through which running waters flow, there to dwell forever. That is the supreme triumph. But whoever disobeys God and His Messenger, and transgresses His bounds, him will He commit to the fire, there to abide forever; and shameful torment awaits him. (Verses 13-14)
这两节经文进一步强调了伊斯兰教的基本原则:立法的权柄唯属真主。任何违背这一原则的行为,都构成对真主的违抗,也等同于彻底拒绝伊斯兰教。这两节经文重申了对亡者遗产在其继承人之间分配份额的规定,将其称为真主所设定的界限。这些经文明确界定了家庭内部的关系,也界定了整个社会的社会和经济关系。关于如何分配亡者遗产的裁定是最终的。若人们恰当地遵守这些法律条文,顺从真主和祂的使者,所获的回报是巨大的:那就是永恒的乐园,这确实是至高的成功。若人们违背这些规定,违抗真主和祂的使者,结果便是永恒的火狱和可耻的刑罚。
These two verses serve as further emphasis to the basic rule of Islam that makes it absolutely clear that the authority to legislate belongs to God alone. Any contravention of this rule constitutes disobedience to God and rejection of Islam altogether. This is re-emphasised in these two verses which describe the shares specified for the distribution of the estate of a deceased person among his or her heirs as bounds set by God. These verses serve as a clear definition of relations within the family and social and economic relations in the society at large. The rulings they give on how the estate of the deceased is to be shared out are final. When they are properly respected and God and His Messenger are obeyed in these legal provisions, the reward is great: it is nothing less than Paradise, forever, which is indeed a supreme triumph. When they are contravened by disobedience to God and His Messenger, the result is an everlasting fire and a shameful torment.
但是,为何如此重大而终极的命运,竟取决于一条涉及次要事务(如遗产分配)的法律条文的服从与违抗呢?这一条款所讨论的只是细节问题,其所对应的奖赏或惩罚,似乎与其性质不相称。
But why is such a great and final destiny dependent on obedience or disobedience in a legal provision that tackles an aspect of secondary importance like the provision of inheritance? This provision speaks only of small details and its reward may appear to be out of proportion with its nature.
有几节经文在这一问题上作出了说明,使其得到了恰当的理解。
Several verses in the sūrah clarify this matter and put it into proper perspective.
这些经文阐明了宗教的含义、真正信仰以及伊斯兰教的界限。然而,鉴于我们今天讨论的这两节经文是对继承法规的注解,且极为重要,我们仍将尝试对这一问题作简要的说明。
These verses explain the meaning of religion, true faith and the limits of Islam. We will attempt, however, to give a brief clarification of this issue considering that the two verses we are discussing today, which come as a comment on the legislation of inheritance, are of vital importance.