《妇女》(组织对外关系)87-94
Al-Nisa ( Organising External Relations ) 87 - 94
真主,除他之外别无应受崇拜者,他必定在复活日把你们全部聚集起来,那日必定来临,毫无疑问。谁的话比真主的话更真实呢?(87)
God, save whom there is no deity, will surely gather you all together on the Day of Resurrection, which is sure to come, no doubt. Whose word could be truer than God’s? (87)
你们为何在伪信者的问题上分成两派,而真主自己因他们的罪行而弃绝了他们?你们想要引导那些真主使其迷失的人吗?对于真主使其迷失的人,你永远找不到任何道路。
How could you be divided into two groups concerning the hypocrites, when God Himself has cast them off because of their guilt? Do you seek to guide those whom God has let go astray? For him whom God lets go astray you can never find any way.
(88)
(88)
他们希望你们不信道,像他们不信道那样,好使你们和他们一样。所以,在他们为主道而迁徙之前,你们不要以他们为盟友。如果他们背弃你们,那么你们就逮捕他们,并在你们遇到他们的任何地方杀死他们。不要以他们中的任何人为盟友或助手。(89)
They would love to see you disbelieve as they themselves disbelieve, so that you may be all alike. Do not, therefore, take them for your allies, until they migrate for God’s cause. If they turn against you, then seize them and kill them wherever you may find them. Do not take any of them for your ally or supporter. (89)
除非是那些与你们之间有盟约关系的人,或者那些因心中不愿与你们作战、也不愿与自己的族人作战而前来投奔你们的人。若真主愿意,他本可使他们来攻击你们,他们也必定会与你们作战。
Except in the case of those of them who have ties with people to whom you yourselves are bound by a covenant, or those who come to you because their hearts shrink from the thought of fighting you or fighting their own people. Had God so willed, He would have given them power over you, and they would have fought you.
因此,如果他们不与你们为敌,不向你们发动战争,而向你们提出和平,那么真主并没有给你们攻击他们的理由。 Note: 真主 is the Chinese rendering of "God" here, consistent with the instruction to translate "God" as the Chinese word for God rather than "Allah".
Therefore, if they leave you alone, and do not make war on you, and offer you peace, God has given you no way against them.
(90)
(90)
你们将会发现另外一些人,他们希望既能安全地对待你们,也能安全地对待自己的族人。每当他们被召回去从事叛乱时,他们便一头扎进去。如果他们不离开你们,不向你们提出和平,也不停止他们的手,那么你们在哪里遇到他们,就把他们抓起来杀掉。对于这些人,我们已经赐给你们明确的授权。(91)
You will find others who would like to be safe from you as well as to be safe from their own people. Whenever they are called back to sedition they plunge headlong into it. If they do not leave you alone, and do not offer you peace and do not stay their hands, seize them and kill them wherever you come upon them. Over these We have given you a clear authority. (91)
不应当有信士杀信士的事,除非是误杀。谁误杀了信士,就应当释放一个信士做奴隶,并把赔命钱交给死者的家属,除非他们自愿施舍而免除。如果死者属于与你们为敌的民族,而他本人是信士,那么杀人者应当释放一个信士做奴隶。如果死者属于与你们有盟约的民族,那么应当把赔命钱交给死者的家属,并释放一个信士做奴隶。谁无力获得这些,就应当连续斋戒两个月。这是真主所规定的赎罪办法。真主是全知的,是至睿的。(92)
Never should a believer kill another believer, unless it be by mistake. He who kills a believer by mistake must free a believing soul from bondage and pay an indemnity to his family, unless they forego it by way of charity. If the victim belonged to a people who are at war with you, while he himself was a believer, then let his killer free a believing soul from bondage. If he (the victim) belonged to a people with whom you are bound by a covenant, then the penalty is an indemnity to be paid to his family and the freeing of a believing soul from bondage. He who cannot afford the wherewithal must fast for two consecutive months. This is the atonement ordained by God. God is All-Knowing, Wise. (92)
谁故意杀害一名信士,他的报应是火狱,永居其中。真主必将恼怒他,弃绝他,并为他预备重大的刑罚。(93)
He who deliberately kills a believer his punishment is hell, therein to abide permanently. God will be angry with him, and will reject him, and will prepare for him a dreadful suffering (93)
信士们啊!当你们为主道而出征时,应当明辨是非,不要因贪求今世短暂的利益,就对向你们致平安问候的人说:“你不是信士。”因为真主那里有丰厚的收获。你们先前也曾是这样的,而真主已经赐恩于你们。所以,你们应当明辨是非。真主确实知道你们所做的一切。(94)
Believers, when you go on an expedition to serve the cause of God, use your discernment and do not — out of a desire for the fleeting gains of this worldly life — say to one who offers you the greeting of peace: “You are not a believer”: for with God are abundant gains. Thus have you been in days gone by. But God has bestowed on you His grace. Therefore, use your discernment. Indeed God is always aware of what you do. (94)
概述
Overview
这段新文字以对伊斯兰信仰核心原则的反复申明开篇,宣告真主的独一。随后,以此为基础,阐述了若干规范穆斯林社群与其他群体之间关系的条文。段落还谴责了穆斯林因对待伪信者的态度不同而分成两派的做法。看起来这一点所指的是一批并非居住在麦地那的特定伪信者。这些条文以及谴责,都建立在伊斯兰教的同一核心原则之上,而每当《古兰经》提到立法或实践性指示时,这一原则都表述得最为清楚。应当指出,这些条文只是伊斯兰教在人类历史上首次提出的、用以规范国际关系的规则的一部分。在此之前,人类的国际关系从未有过暴力之外的基础。
This new passage begins with an emphatic reiteration of the central principle of Islamic faith, declaring God’s oneness. It goes on to formulate on this basis a number of provisions to organise relations between the Muslim community and other groupings. The passage includes a denunciation of the division of Muslims into two groups with different views with regard to the treatment of hypocrites. It seems that this relates to a particular group of hypocrites who did not live in Madinah. These provisions, as well as the denunciation, are based on the same central principle of Islam which is stated most clearly whenever a piece of legislation or a practical directive is mentioned in the Qur’ān. It should be stated that these provisions constitute only a part of the rules which Islam was the first to enunciate in human history for the regulation of international relations. For the first time ever, these relations have a basis other than brute force.
尽管欧洲拥有国际法,并且基于这种法律而建立了各种国际组织,但欧洲直到十七世纪(伊斯兰历的十一世纪)才开始朝这个方向迈进。总体而言,这种法律仍停留在理论层面,而国际组织大体上只是掩饰大国野心的工具。它们绝不能被描述为旨在确保主持公道。它们的产生,是势均力敌的各方之间争端的结果。14 每当这种平衡严重倾向于某一方,国际法便几乎毫无价值,国际组织也便失去了约束力。
Despite its international law and all the international organisations that have come into existence on the basis of such law, Europe began moving in this direction only in the seventeenth century (the eleventh century of the Islamic calendar). Generally speaking, this law remains theoretical, and international organisations are, on the whole, devices to conceal the ambitions of the great powers. In no way can they be described as aiming to ensure that justice is done. They have come into existence as a result of disputes between forces of equal strength. 14 Whenever this balance is heavily tilted one way or the other, international laws become of little value and international organisations have no teeth.
伊斯兰教作为人类生活的神圣法典,在公元七世纪(伊斯兰历的第一个世纪)确立了国际交往的基本原则。这些原则并非出于任何争端的压力而提出,而是主动开创的。伊斯兰社会在与其他阵营和势力建立关系时,便以这些原则为准则。伊斯兰的目标是高举正义的旗帜,即便敌对的阵营无法承诺遵守同样的原则。事实上,伊斯兰首次主动制定了这些原则。我们可以在《古兰经》的不同章节中找到它们,每一条都在其适当的语境中得到阐释。它们共同构成了一套完整的国际交往法则,为伊斯兰社会与其他阵营之间可能发生的每一种情况提供了权威的规范,无论对方对伊斯兰采取何种态度,是公开的战争、和平共处、结盟还是中立。它们还涉及那些与对伊斯兰社会敌对、和平相处、结盟或中立的阵营有某种联系的其他各方。详细讨论这些原则与条款超出了本研究的范围,它们应当成为专攻国际法的人所撰写的完整学位论文的主题。在此,我们只考察本章节这一段经文所包含的内容。这些内容涉及与以下群体及情况的交往:
Islam, the Divine code for human life, established the bases for international dealings in the seventh century (the first of the Islamic calendar), initiating them without pressure produced by any dispute. It formulated these bases for use by the Islamic society as it established its relations with other camps and forces. The Islamic aim being to raise the banner of justice high, even with hostile camps unable to commit themselves to the same principles. Indeed, Islam took the initiative to formulate these bases for the first time ever. We find them in different sūrahs of the Qur’ān, each of them explained within its proper context. Together, they constitute a complete code for international dealings. They provide an authoritative rule for every case which may take place between Islamic society and other camps, whatever attitude they may take towards Islam, be it one of open warfare, peaceful co- existence, alliance or neutrality. They also deal with other parties who may have some association with a camp that is hostile to, at peace with, in alliance with, or neutral to Islamic society. It is beyond the scope of this study to discuss these principles and provisions in detail. They should be the subject of a full dissertation written by someone specialising in international law. Here, we will only look at what is contained in this passage of this sūrah. These speak of dealings with the following groups and cases:
作者写于二十世纪五十年代末。
14 The author wrote this during the late 1950s.
指导原则
Guiding Principles
“真主,除祂以外没有应受崇拜的主,祂必定在复活日把你们聚集起来,那日是必定要来的,毫无疑问。谁的言语比真主的言语更真实呢?”(第87节)在培养心灵、教育民众,以及建立穆斯林社会并赋予其独特形态与法度的过程中,伊斯兰从宣示真主的独一、祂是宇宙中唯一应受崇拜的主这一根本原则开始。无论所要制定的法规是针对穆斯林社会内部的,还是涉及国际交往的,情况都是如此。因此,这段包含诸多对外关系规定的经文,同样以这一核心原则开篇。伊斯兰制度正是从信仰后世、信仰真主将祂所有的造物聚集起来,让他们为今世所赐予的机会而接受清算这一点出发,开始其培养心灵、教育民众的工作。
To start with, this passage begins with the basic principle central to the foundation of Islamic society. “God, save whom there is no deity, will surely gather you all together on the Day of Resurrection, which is sure to come, no doubt. Whose word could be truer than God’s?” (Verse 87) In the cultivation of hearts and the education of people, as well as in establishing a Muslim community and giving it a distinctive shape and law, Islam begins with the basic principle of declaring the oneness of God and that He is the only deity in the universe. The same holds true whether the legislation to be enacted is an internal one for the Muslim community or whether it relates to international dealings. Hence, the passage which includes a host of provisions for external relations opens with the same central principle. It is from believing in the hereafter and the gathering by God of all His creatures, so that they may account for what they have done with the chances He has offered them in this life, that the Islamic system begins its work to cultivate hearts and educate people.
旨在使穆斯林对伊斯兰的律法和指示及其在人类生活中的实施,怀有一种强烈的责任感。每一件小事都是为每个人所设的考验的一部分。每个人都将为其所有行为负责,无论大小。这是确保所有律法得到恰当执行的最可靠保障。这一保障深深植根于人类灵魂的深处。它赋予灵魂一种极为敏锐的良知,使其在外部一切监督都陷入沉睡时依然保持警觉。这是神的话语和神的应许:"谁的言语能比神的更真实?"(第87节)
The aim is to provide Muslims with a keen sense of commitment to Islamic laws and directives and their operation in human life. Every little thing is part of the test set for every individual. Everyone will be held to account for all his deeds, large or small. This is the surest guarantee for the proper enforcement of all laws. It is a guarantee that is well rooted in the depths of the human soul. It gives it an ever sensitive conscience that remains alert when every external watch guard goes into deep slumber. This is God’s Word and His promise: “Whose word could be truer than God’s?” (Verse 87)
这些话温柔地触动人心,体现了《古兰经》教育穆斯林群体所遵循的方法,也明确阐述了伊斯兰信仰的核心原则。
These words touch our hearts gently and are indicative of the method followed by the Qur’ān in educating the Muslim community. It also makes a clear statement of the central principle of the Islamic faith.
与伪信者打交道
Dealing With Hypocrites
接下来的经文批评了穆斯林群体在对待伪信者时犹豫不决、未能采取坚定态度的做法。显然,穆斯林群体当时意见不一,因此在与一群来自麦地那之外的伪信者的关系问题上产生了一些争议。这种批评清楚地表明,伊斯兰教在此类事务上只接受坚定的态度。在应对此类问题时,穆斯林群体的做法不容许有任何犹豫。这种犹豫,等同于接受他们所表现出来的伪装。
The next verse criticises the Muslim community’s hesitation to adopt a firm attitude towards the hypocrites. The Muslim community was apparently in two minds, leading to some controversy with regard to its relationship with a group of hypocrites from outside Madinah. The criticism makes it clear that Islam only accepts a firm attitude in such matters. It allows for no hesitation in the Muslim community’s approach to such a problem. Such hesitation means accepting the pretence they offer.
只有在明确界定的行动计划基础上,这件事才能做成。
This can only be done if it is based on a clearly defined plan of action.
你们为何在伪信者的问题上分成两派,而真主自己因他们的罪行而弃绝了他们?你们想要引导那些真主使其迷失的人吗?对于真主使其迷失的人,你永远找不到任何道路。
How could you be divided into two groups concerning the hypocrites, when God Himself has cast them off because of their guilt? Do you seek to guide those whom God has let go astray? For him whom God lets go astray you can never find any way.
(第88节)
(Verse 88)
我们有两段记载可用来说明这节古兰经经文所指的是哪一类伪信士。第一段由伊玛目艾哈迈德记载,引述圣门弟子宰德·本·萨比特的话,他说先知ﷺ出征乌侯德,随行的人中有一些人决定中途返回。圣门弟子们对如何处置这些退缩者意见不一:一派说必须杀掉他们;另一派则反对,说他们是信士。于是降示了这节古兰经经文,提出穆斯林应当对此采取统一态度的问题。先知ﷺ说:“这座城是塔伊巴(即麦地那的另一名称,意为善良而高尚的城市)。它排除邪恶,正如熔炉排除铁中的杂质。”(由布哈里和穆斯林记载。)
We have two reports to indicate which group of hypocrites is meant in this Qur’ānic verse. The first, related by Imām Aĥmad, quotes Zayd ibn Thābit, a Companion of the Prophet, who says that the Prophet (peace be upon him) went out to Uĥud [with an army]. Some of those who went with him, however, decided to go back. His Companions were divided on how to deal with these retractors. One group said that they must be killed. Another group objected, saying that they were believers. Then this Qur’ānic verse was revealed raising the question that the Muslims should adopt a unified attitude. The Prophet said: “This city is Ţaibah [another name for Madinah meaning that it is a good and virtuous city]. It throws away evil as a smelter throws away foreign elements in iron.” (Related by al-Bukhārī and Muslim.)
另一则传述引用伊本·阿拔斯的话说,这节古兰经文所指的是某些人:他们表示自己是穆斯林,同时却支持不信道者。有一次,他们出使离开麦加,并说,如果遇到圣门弟子,他们是安全的。
The other report quotes Ibn `Abbās as saying that this Qur’ānic verse speaks about certain people who indicated that they were Muslims while, at the same time, they supported the unbelievers. Once, when they went on a mission away from Makkah, they said that they were safe, should they encounter the Prophet’s Companions.
与信士结盟的条件
Qualifications For Alliance With Believers
他们希望你们也像他们一样不信,好让你们彼此平等。所以,在他们为真主的事业而迁徙之前,不要把他们当作盟友。如果他们背弃你们,就抓住他们,无论在何处找到他们都要杀掉。不要把他们中的任何人当作盟友或助手。(第89节)
They would love to see you disbelieve as they themselves disbelieve, so that you may be all alike. Do not, therefore, take them for your allies, until they migrate for God’s cause. If they turn against you, then seize them and kill them wherever you my find them. Do not take any of them for your ally or supporter. (Verse 89)
这节经文让我们更进一步地看清伪信士的态度与用意。他们不仅选择了迷误而舍弃了真主的引导,他们的行为和恶劣的居心也使他们应得真主让他们愈加迷误;而且他们还蓄意想把信士们从正路引向迷误。真主说:“他们希望你们不信道,像他们不信道一样,以便你们和他们一样。”尽管他们重复着穆斯林所说的话,也同样宣称信仰独一的真主,并信仰穆罕默德ﷺ的使命,但他们对伊斯兰之敌的实际支持,却与他们的口头宣称相互矛盾。然而,他们并不满足于此。
This verse moves another step closer to exposing the attitude and intentions of the hypocrites. It is not only that they have chosen error in preference to Divine guidance and that their deeds and bad intentions have merited that God lets them go further astray, but they have deliberately tried to divert the believers off their right course into error: “They would love to see you disbelieve as they themselves disbelieve, so that you my be all alike.” Despite the fact that they repeat the same statements as the Muslims, and they have made the same declaration of believing in the oneness of God and in the messages of Muĥammad (peace be upon him), their practical support to the enemies of Islam belie their verbal statements. Nevertheless, they are not satisfied with that.
一个自觉地拒绝真信仰的人,看到信仰在大地上持续显现、并吸引信众时,心中并不会感到快乐。他觉得自己必须竭尽全力,运用一切手段,把穆斯林拉回不信之境,使他们与自己处于同样的地位。这便是对伪信者真实态度的一个初步界定。它不给某种"软弱"的信仰观留下任何余地。它明确说明,信仰要求行为与言辞相一致。若行为与言辞相悖,言辞便毫无意义。
One who consciously rejects the true faith does not feel happy when faith continues to make its presence felt on earth and attracts believers. He feels that he must work hard, utilising all his devices, to turn the Muslims back to disbelief so that they are in the same position as he. This is an initial definition of the hypocrite’s real attitude. It leaves no room for a “wet” concept of faith. It makes absolutely clear that faith requires that action be consistent with verbal statements. Words have no significance if actions belie them.
《古兰经》这节经文的措辞,在信士心中引起强烈的震颤。经文告诉他们,那些伪信者“愿你们不信,如同他们不信一样,以便你们和他们平等”。(第89节)这些人刚刚尝到信仰的甘甜,而此前他们长久地品尝过不信的苦涩。
The wording of the Qur’ānic verse sends a strong shudder into the believers’ hearts. It tells them that those hypocrites “would love to see you disbelieve as they themselves disbelieve, so that you may be all alike”. (Verse 89) They have only recently tasted the sweetness of faith after experiencing for long the bitter taste of unbelief.
那些人从蒙昧走向伊斯兰的过程中,他们的情感、观念以及整个社会所发生的伟大转变,对他们而言是真实可感的。
和平与力量
Peace With Power
鉴于此,本章已对那些在自称穆斯林的同时却站在不信道者一边的人作出了明确的裁定。接着,经文又提出了一个例外:对于那些投靠与穆斯林团体订有盟约或条约之人的人,同样适用。对这类团体所确定的态度,如今也适用于他们:"除非是那些与你们自己已订有盟约的民族有联系的人。"(第90节)
Having thus given a clear verdict against those who side with the unbelievers despite their claims to be Muslims, the sūrah states an exception in the case of those who seek refuge with people who have a covenant or a treaty with the Muslim community. The attitude determined for such a community now also applies to them: “Except in the case of those of them who have ties with people to whom you yourselves are bound by a covenant.” (Verse 90)
伊斯兰教倾向于和平,只要存在和平的空间,且和平不妨碍其自由传播讯息、让人们自由选择的工作。任何人、任何势力都不应有能力对传播伊斯兰的努力使用武力。穆斯林的安全应当得到保障。他们不得暴露于煽动动乱的危险之中,也不得遭受可能阻碍伊斯兰讯息及其传播努力的威胁。为此,那些寻求庇护、并与同穆斯林订有条约或盟约的任何人群共同生活的人,享有与其所在人群相同的待遇,同样的和平状态也适用于他们。这是伊斯兰教爱好和平之本质的明证。
We see here that Islam prefers peace whenever there is room for peace which does not impede its work of freely conveying its message to people and allowing them free choice. Nothing and no one should be in a position to use force against the effort to convey Islam to people. The security of the Muslims should be guaranteed. They must not be exposed to any danger of sedition or to threats to the Islamic message which may cause its efforts to be hampered. For this reason, those who seek refuge and live with any group of people who are bound by a treaty or a covenant with the Muslims enjoy the same treatment as the people with whom they live. The same state of peace applies to them. This is clear evidence of the peaceful nature of Islam.
对于那些保持中立立场的个人、部族或群体,同样免于监禁和处决。他们不参与其族人与穆斯林之间的战斗。他们心中不愿与族人一同对抗穆斯林,也不愿与穆斯林一同对抗自己的同族。这些人置身事外,不愿卷入任何敌对行动:"或者那些来到你们面前的人,他们的心因为不愿与你们作战或与自己的族人作战而感到退缩。"(第90节)
Exception from imprisonment and execution is also made in the case of those individuals or tribes or communities who take a neutral position, those who do not join the fighting which takes place between their people and the Muslims. Their hearts shrink from thoughts of either fighting with their people against the Muslims or fighting with the Muslims against their own kin. These people stand aside, unwilling to enter into any hostilities: “Or those who come to you because their hearts shrink from the thought of fighting you or fighting their own people.” (Verse 90)
再次强调,这一裁决证明伊斯兰教的一贯主张是:只要他人不与穆斯林作战,就尽量避免与之交战,在他们与敌人之间保持中立。阿拉伯半岛上,乃至古莱什部落内部,都存在既不参与任何一方作战的人。伊斯兰教并未强迫他们在支持或反对伊斯兰之间选边站队,只要他们不反对伊斯兰即可。同时,人们也希望,待促使他们犹豫的情况消失之后,他们最终会站到伊斯兰一方,事实上在许多情况下确实如此。
Again this ruling is evidence of the Islamic desire to avoid fighting others whenever they refrain from fighting the Muslims, choosing neutrality between them and their enemies. Those who did not fight on either side were present in Arabia and, indeed, within the Quraysh itself. Islam did not pressurise them to take sides for or against it. It was sufficient that they did not oppose Islam. At the same time, there was hope that they would eventually take the side of Islam, once the circumstances which caused their reluctance were removed. This was what actually happened in many cases.
误杀的赔偿(Diyah)
Indemnity For Accidental Killing
上述内容都适用于穆斯林群体与其他阵营之间的关系。本章接下来转而论述穆斯林彼此之间的内部关系,无论他们的国家相距多远。显然,穆斯林之间不得相互争斗或杀戮,除非是作为对某些罪行的惩罚。关键在于,任何情况都不能超越穆斯林之间已存在的信仰关系。因此,穆斯林明知彼此之间存在这种牢固的信仰纽带,就绝不可杀害另一位穆斯林。此类杀戮只可能是出于误判。
All the foregoing applies to relations between the Muslim community and other camps. The sūrah now moves on to speak of internal relations among Muslims, no matter how distant their countries are. It is clear that there can be no fighting or killing among Muslims except by way of punishment for certain crimes. The point is that there can be no situation superseding the relationship of faith that exists between Muslims. Hence, no Muslim may ever kill another Muslim, knowing that this strong tie of faith exists between them. Such killing may only happen by mistake.
由于这是一种可能性,它就需要某些法律条款。至于故意杀人,这是一种极其可怕的罪行,任何赎罪都无法将其抹去。它逾越了伊斯兰教的一切界限。
Since this is a possibility, it requires certain legal provisions. As for deliberate killing, it is a crime much too ghastly to be erased by any atonement. It is something that transgresses all boundaries of Islam.
绝不可让信士杀害信士,除非是出于错误。谁错杀了信士,就应释放一个信仰的奴隶,并向死者的家属支付赔偿金,除非他们以施舍的方式放弃。如果被害者属于与你们作战的民族,而他本人是信士,那么杀人者应释放一个信仰的奴隶。如果被害者属于与你们有盟约的民族,那么应向其家属支付赔偿金,并释放一个信仰的奴隶。无力负担的人,应连续斋戒两个月。这是真主所规定的赎罪。真主是全知的,是至睿的。(第92节)
Never should a believer kill another believer, unless it be by mistake. He who kills a believer by mistake must free a believing soul from bondage and pay an indemnity to his family, unless they forego it by way of charity. If the victim belonged to a people who are at war with you, while he himself was a believer, then let his killer free a believing soul from bondage. If he (the victim) belonged to a people with whom you are bound by a covenant, then the penalty is an indemnity to be paid to his family and the freeing of a believing soul ,from bondage. He who cannot afford the wherewithal must fast for two consecutive months. This is the atonement ordained by God. God is All- Knowing, Wise. (Verse 92)
该章节为四种杀人情况规定了律例,其中三种可能在穆斯林之间发生,无论是在同一社群内还是在不同社群之间,都属于无意的误杀。第四种是故意谋杀,《古兰经》坚持认为,这种情况本不应发生。任何事情都不应使两个穆斯林之间的关系恶化到发生此类谋杀的地步。两个穆斯林之间的关系如此牢固、根深蒂固、珍贵且深受珍视,以至于不应考虑如此严重的破裂。因此,本章以对无意杀人的立法开篇。
The sūrah provides legal provisions for four cases of killing, three of which may happen by mistake among Muslims in the same community or in different communities. The fourth is that of deliberate murder which, the Qur’ān insists, should never happen in the first place. Nothing should bring the relationship between two Muslims so low for a murder of this sort to take place. The relationship between two Muslims is too strong, deeply rooted, precious and dearly cherished for such a serious breach to be contemplated. Hence, the sūrah begins by legislating for accidental killing.
故意杀人的刑罚
Punishment For Deliberate Killing
所有上述规定都适用于误杀。故意杀害信士是一种极其可怕的罪行,任何心中尚存一丝信仰的人都不会去犯。这种罪行无法通过任何赔偿金或释放奴隶来弥补。在这种情况下,惩罚由真主亲自施行:“谁故意杀害一个信士,他的报应是火狱,永居其中。真主将对他发怒,弃绝他,并为他预备重大的刑罚。”(第93节)
All the foregoing applies to accidental killing. A deliberate murder of a believer is a crime too horrendous to be committed by anyone who has any trace of faith in his heart. It cannot be compensated for by any indemnity or by setting slaves free. The punishment in this case is exacted by God Himself: “He who deliberately kills a believer, his punishment is hell, therein to abide permanently. God will be angry with him, and will reject him, and will prepare for him a dreadful suffering.” (Verse 93)
这是一种谋杀罪,其受害者不仅仅是被无端杀害的人。它还摧毁了真主在穆斯林彼此之间所建立的、高尚而珍贵的纽带。它也是一种违背信仰真主这一理念的罪行。因此,它常常与否定信仰联系在一起。包括先知的堂兄伊本·阿拔斯在内的一些德高望重的学者认为,此类罪行的悔过不被接受。
It is a crime of murder wherein the victim is not merely the human being who is killed without any justification whatsoever. It also kills the noble and dearly cherished tie established by God between one Muslim and another. It is a crime against the very idea of believing in God. For this reason, it is often associated with denying faith altogether. Some scholars of high standing including Ibn `Abbās, the Prophet’s cousin, are of the opinion that no repentance of such a crime is acceptable.
其他持不同意见的学者,依据的是《古兰经》中的一节经文,其中说:“安拉不宽恕以物配他,除此以外,他愿意宽恕谁,就宽恕谁。”(第116节)这些学者认为,故意杀害穆斯林的人仍可盼望主的宽恕。他们解释说,关于此类杀人者将永居火狱的说法,意味着火狱将是他长期的归宿。
Other scholars who disagree, rely for their argument on the Qur’ānic verse which states: “God does not forgive that partners should be associated with Him, but He forgives any lesser sin to whomever he wills.” (Verse 116) These latter scholars say that a deliberate murderer of a Muslim may still hope for God’s Forgiveness. They explain the statement that such a killer shall abide permanently in hell as signifying that hell will be his abode for a very long time.
先知的同伴们是在第一所伊斯兰学校毕业的,他们常常会遇到那些在伊斯兰教之前杀害了他们父亲、儿子或兄弟的人,有些人因此心怀痛苦,但他们从未考虑过以血还血的报复杀戮。
The Prophet’s Companions who graduated in the first Islamic school used to meet others who, prior to Islam, killed their fathers, sons or brothers and some of them experienced bitter feelings as a result, but they never contemplated revenge killings.
这是因为他们都已皈依伊斯兰教,即便在悲痛最为深切之时,遇难者的亲属也未曾生出复仇的念头。
This is because they had all embraced Islam, and no thoughts of revenge were entertained by the relatives of the victims, even when their sorrow was most painful.
诚然,他们从未想过剥夺伊斯兰赋予他们的任何权利。
Indeed, they never thought of depriving them of any right given to them by Islam.