《离婚章》
Al-Talaq (Divorce)
序言
Prologue
本章名为“离婚”,是真主对离婚规定的概述,详细论述了第二章《黄牛》中未曾涉及的一些情况。本章还涉及因离婚而产生的其他一些家庭问题。它明确了离婚可以发生的时间,以便获得真主的喜悦并遵循祂的律法:“先知啊!当你们休妻时,应在她们规定的等待期之前休她们。”(第1节)它规定了被休妇女在等待期内有权利、也有义务居住在她们的家中,即她们的前夫的家中。她不能被赶出去,也不应擅自离开,除非她犯了严重的淫乱行为。
This surah, Divorce, is an outline by God of the rules governing divorce, discussing in detail those cases that were not discussed in the other surah that tackles this important issue, Surah 2, The Cow. The surah also deals with a number of other family issues that result from divorce. It specifies the time when divorce may take place if it is to gain Gods approval and to follow His law: “ Prophet! When you divorce women, divorce them with a view to their prescribed waiting period.” (Verse 1) It states the divorced woman’s right and duty to stay in her family home, i.e. her divorcing husband’s home, during her waiting period. She cannot be turned out and should not leave of her own accord except in situations where a woman has committed an act of gross indecency:
"不要把她们赶出家门,她们自己也不得离开,除非她们犯了明显的淫秽行为"(第1节)。经文还规定,妇女在等待期结束后,有权离开家门,并可以自由地做自己想做的事,除非丈夫在等待期内已经恢复了婚姻关系。如果发生这种情况,也只能是为了让双方恢复正常的婚姻生活,不能借此伤害妇女,或剥夺她嫁给其他男子的机会:"当她们期满的时候,你们或者以合理的方式留她们,或者以合理的方式让她们离去"(第2节)。无论选择哪种做法,是继续维持婚姻,还是让离异最终完成,都应当在见证人面前进行:"你们当从你们中间选择两个公正的人作见证"(第2节)。
“Do not drive them out of their homes, nor shall they themselves leave, unless they commit a flagrant indecency” (Verse 1) It also specifies the woman’s right to leave home after the end of her waiting period and her freedom to do what she likes, unless her husband has reinstated the marriage within the waiting period. Should this occur, it should only be to resume normal married life between them. It cannot be done to cause the woman any harm or to deprive her of the chance to marry a different man: “ When they have completed their appointed term, either retain them in fair manner or part with them in fair manner.” (Verse 2) Whichever option is followed, retaining the marriage or allowing the break up to be complete, it should be in the presence of witnesses: “Call to witness two persons of known probity from among yourselves.” (Verse 2)
在第二章中,尚未绝经的妇女的等待期被规定为三个周期,这里的周期可以指月经期,也可以指清净期。学者们的分歧正是基于该章所用术语“qur'”的语言学含义,该词既可指经期,也可指净期。在同一章中,对于已过绝经年龄或尚未到经期年龄的离婚妇女,其等待期也有规定:“至于你们的妇女中那些已绝经的人,以及那些还没有月经的人,如果你们心存疑虑,她们的等待期为三个月。”{2:4}
In Surah 2, the waiting period of a woman who has not yet reached the menopause is specified as three cycles, counting either the time of menstruation or the time of cleanliness. The scholarly difference here is based on the linguistic meaning of the term used in the surah, qur' which applies to either period. In this surah, the waiting period of a divorced woman who has passed the menopause or who is too young to have a period is specified: “As for those of your women who are beyond the age of monthly courses, as well as for those who do not have any courses, their waiting period, if you have any doubt, is three months. n (Verse 4)
同样,怀孕的离婚妇女的等待期也有明确规定:“至于怀孕的妇女,她们的等待期以分娩为止。”(第4节)
Likewise, the waiting period of a pregnant divorcee is specified: “As for those who are with child, their waiting term shall end when they deliver their burden. ” (Verse 4)
该章还包含关于离婚女子在待婚期间所居住之处的规定;如果她怀孕,则规定她有权获得生活费,直到分娩为止:"你们依自己的能力,把你们居住的地方让她们居住,不要为难她们,以致使她们生活困难。如果她们怀了孕,你们就供给她们,直到她们分娩。"(第6节)随后,该章又详细规定了离婚妇女哺乳其子女的规则,以及她若哺乳孩子时获得经济补偿的权利,前提是双方父母同意这符合孩子的利益;同时也规定了双方无法达成一致时,由其他女子哺乳孩子的办法:"如果她们为你们哺乳,你们就应当付给她们报酬。你们应当彼此善意协商。如果你们之间有分歧,就另请一个女人为孩子哺乳。"(第6节)该章接着进一步说明了在各种情况下的生活费与补偿,并规定其数额应与离婚丈夫的经济能力相称。
The surah also includes rulings on the home where a divorced woman lives during her waiting period and, if she is pregnant, her right to maintenance until she has delivered the baby: “Let them dwell wherever you dwell, according to your means, and do not harass them so as to make their lives a misery. If they are with child, maintain them until they have delivered their burden.” (Verse 6) The surah then goes on to give detailed rules about the breast-feeding of a divorcee’s child and her right to financial compensation if she so breast-feeds the child, if the two parents agree this is in the child’s best interests, as also provisions for the child’s breast-feeding by another woman if the two cannot agree: “If, after that, they suckle your infants, pay them for it. Take counsel with one another in a fair manner. If some of you make things difficult, let another woman suckle the child.” (Verse 6) The surah then adds further details on maintenance and compensation in all cases, making it commensurate with the financial means of the divorcing husband:
“让财力宽裕的人依其财力而施舍;让给养受限的人依真主所赐予他的而施舍。真主不会使任何人负担超过他所赐予的。”(第7节)
“Let the one who has ample means spend in accordance with his means; and let the one whose provisions are restricted spend according to what God has given him. God does not burden anyone with more than He has given them.” (Verse 7)
因此,这一章涵盖了所有离婚的情况,为每种情形都作出了详尽的律法规定。它应对了家庭破裂所带来的每一个问题,提供了一个既清晰明确、又充满关怀、便于践行且注重细节的妥善解决方案。
Thus, the surah takes up all divorce situations, providing detailed legislation for each context. It caters for every problem that results from the collapse of the family, providing a comfortable solution that combines clarity with care, ease and attention to detail.
认真对待离婚
Taking Divorce Seriously
这一章在处理离婚及其可能引发的各种情况方面,颇为引人注目。它将许多方面的劝勉与警告融为一体,并对每一条命令和裁决加以阐释。它把离婚问题与真主在天地间运行的旨意相联系,也与真主的法度相联系,这法度会降临于那些固执违抗祂的人。与此同时,它也给予敬畏真主者以安慰和更多的给养。它反复命令人们以善待对方,以宽容、体谅和相互顾惜的态度相处,并始终以行善为先。它还让人们看到获得更好结果的希望,提醒他们真主的旨意如何适用于被造物、给养的供给,以及顺境与逆境之中的情形。
This surah is remarkable in the way it tackles divorce and the situations that may result from it. It brings together many aspects of encouragement and warning, and gives comments on every order and ruling. It links the question of divorce to Gods will as it works in the heavens and the earth, and to God’s law that brings destruction to those who stubbornly disobey Him. By the same token, it also provides comfort and increased provisions to those who remain God-fearing. It repeats its directive to treat the other party with kindness, forbearance and mutual consideration, always preferring to do a good turn. It holds out the prospect of people receiving better results, reminding them of Gods will and how it applies to creation, the provision of sustenance, and in cases of ease and affliction.
我们只能惊叹于这样一章经文:它的主要内容虽是离婚,却汇集了众多普遍的真理。经文对这一主题极为郑重,以至于一开始就直接对先知(ﷺ)发出称呼,尽管这一训诫本是对所有信士的普遍教导。此章的另一显著之处在于,它对每一种情况都作了详尽的规定,并要求人们在执行其条款与裁定时心存对真主的敬畏。我们还注意到,其中的劝诫非常多,既有许诺的报酬,也有对刑罚的警告;这些劝诫既长且多,给人的印象是:这一问题几乎就是伊斯兰教的全部。
We can only look with amazement at the numerous universal truths brought together in a surah that primarily deals with divorce. The theme is taken so seriously that the surah begins making its address to the Prophet personally, although it is intended as a general address to all believers. The surah is also remarkable in the way it deals with each situation in great detail, requiring that its provisions and rulings be implemented while maintaining a fear of God. We also note that the comments given are numerous, coupled with promises of reward and warning against punishment. These comments, long and frequent as they are, give the impression that this question is the total sum of Islam.
这是由真主监督其命令执行情况的问题。那些以真诚敬畏真主之心执行这些命令的人无需担心受到伤害,而那些拖延、逃避或试图伤害他人的人,则会受到最严厉的惩罚警告。这也为那些以公正、合理和仁慈的方式处理此类事务的社群带来了美好前景的希望。
It is the question determined by God who watches how His instructions are put into effect. Those who implement them with a genuine God fearing sense need fear no harm, while those who procrastinate, evade or try to harm others are threatened with the sternest punishment. It raises the hope of good prospects to the community that deals with such situations in a fair, reasonable and kind manner.
“你们要敬畏你们的主……这些是真主所定的界限。谁违背真主的界限,谁就是在亏待自己的灵魂。或许在那之后,真主会带来某种变化。”
We read in this surah statements like: “Be of God, your Lord... These are the bounds set by God. Whoever transgresses God's bounds wrongs his own soul. You never know; after that, God may bring about some 63
1. 赛义德·古特布(1982),《世界和平与伊斯兰》(Al-Salam al-'Alami wal~Islam),贝鲁特与开罗,第67–68页。
1. Sayyid Qutb (1982), Al-Salam al-'Alami wal~Islam, (Islam and World Peace), Beirut and Cairo, pp. 67-68.
2. 赛义德·库particular Wait, I need to correct that. Here is the faithful translation: 2. 赛义德·库particular Let me restate cleanly: 2. 赛义德·库particular — no. Final answer: 2. Sayyid Qutb (2006)《古兰经荫下》,莱斯特:伊斯兰基金会,第十二卷,第269页。
2. Sayyid Qutb (2006), In the Shade of the Qur'an, Leicester, Islamic Foundation, Vol. XII, p. 269.
关于婚姻的务实态度
A Realistic Approach To Marriage
这一章以及与之相似的章节,表明了伊斯兰对待生活和人性的务实本质。它接纳人性的本来面貌,并在其潜能与处境之上加以引导。因此,它既不会对那些交由人们良心自行裁断的事务作出详尽的立法,也不会只发布指令。相反,它在对人灵魂的引导和对现实生活的安排上,二者兼而用之。
This surah and similar ones like it indicate the realistic nature of the Islamic approach to life and to human nature. It accepts human nature as it is and works upon its potentials and circumstances. Therefore, it does not stop at either providing detailed legislation on a matter that is left to people’s consciences or issuing directives. Instead, it uses both in its approach to the human soul and to practical life.
首先,婚姻关系旨在长久稳固。伊斯兰教为确保这一点,设立了诸多保障,并将其提升到履行真主命令的高度。伊斯兰教允许动用国家资金,帮助贫困的男女成婚。它立法要求遵守一些道德规范,以防止暴露身体的魅力去诱惑异性,从而使情欲在恰当合法的框架内得到满足。它规定了通奸及诬告通奸的刑罚。它通过要求人们入户前先征得许可来保护家庭的神圣性,并规定家中的人进入其他房间前也应征得许可。伊斯兰教还以具体的规则和律法来规范婚姻关系。它确立的家庭制度是:夫妻双方中的一方负责全面照顾家庭,即丈夫,因为他更适合承担这一责任。如此一来,伊斯兰教便防止了家庭内部的冲突与混乱。此外,还设有其他保障措施,与利用人的情感的训导相辅相成。除了这些,这一婚姻关系及其维系本身,也是敬畏真主的重要体现。
To start with, the marriage bond is meant to be permanent and well established. Islam adds a host of guarantees to ensure that it remains so, raising it to the level of fulfilling God’s orders. It enables state funds to be used to help poor men and women marry. It legislates for the observance of values that prevent exposing physical charms so as to tempt the other sex, this so that desires are settled within a proper and legitimate framework. It prescribes punishments for adultery and false accusations of adultery. It protects the sanctity of homes by requiring people to ask permission before entering, and defines that people inside the home should ask permission before entering other rooms. Islam also regulates marital ties with specific rules and laws. It establishes the family system on the basis that one of the two partners is responsible for taking full care of the family, the man, as he is better suited for this responsibility. In this way, Islam prevents conflict and disorder within the family. Further safeguards are put in place to work together with directives utilizing peoples emotions. It adds to all this the fact that this bond and its preservation are an essential aspect of being God-fearing.
然而,现实的人类生活表明,尽管有种种保障与防护,仍有一些情况会以毁灭告终。这些情况必须以务实的方式去面对。当婚姻生活的延续几乎成为不可能时,否认事实毫无用处。在这种情况下坚持维系婚姻,也毫无意义。
Yet practical human life shows that there are situations that end in ruin, despite all the guarantees and safeguards. These must be faced in a practical way. Denial is of no use when the continuity of marital life becomes almost impossible. To hold on to marriage in such cases serves no purpose.
伊斯兰教在婚姻发生冲突时,并不急于促成离婚。恰恰相反,它竭力维系婚姻,只有在别无他法的情况下,才允许婚姻破裂。
Islam does not rush to enforce a break-up of the marriage once conflict erupts. On the contrary, it tries hard to hold on to it, allowing it to break only when there is no other way.
3. 赛义德·古特布(1982),《世界和平与伊斯兰》(Al-Saldm al-'Alami wal-Islam),贝鲁特与开罗,第84—85页。
3. Sayyid Qutb (1982), Al-Saldm al-'Alami ival-Islam, (Islam and World Peace), Beirut and Cairo, pp. 84—85.
消除蒙昧时代的痕迹
Eradicating Traces Of Jdhiliyyah
这一章经文所包含的劝勉、警告、强调、详尽的规定以及明确的论断,清楚地表明,它针对的是某些仍带有蒙昧时代痕迹的情况,那时妇女遭受虐待,并且受到严重的不公正对待。因此,经文一方面对人心施加强烈的影响,另一方面详细规定各种条款,堵塞一切可能的漏洞,防止人们借机规避律法,或重新回到那些导致不良婚姻关系的旧有蒙昧观念之中。
This surah with all that it includes of encouragement, warnings, emphasis, detailed provisions and telling comments clearly indicates that it was addressing certain situations that continued to carry traces of the days of ignorance, marked by the ill-treatment of women and gross injustice towards them. Hence, strong influences are brought to bear on peoples minds together with detailed provisions to close any loopholes that may allow evasion of the rules and a return to the old ignorant concepts that led to unhealthy marital relations.
这种情况不仅存在于阿拉伯半岛,而是在世界各地都很普遍。在世界上几乎所有地方,女性所受的待遇都与奴隶相同,甚至比奴隶更糟。在一些社群中,性被视为污秽之事,女性被认为是邪恶的,是引诱男子沉溺于这种污秽的根源。正是从这样一种全球性的蒙昧深渊中,伊斯兰将女性和婚姻关系提升到了崇高而纯洁的地位,赋予女性应有的尊严,并设立保障机制以保护她们的权利。如今,任何小女孩都不会再成为杀婴的受害者。此外,当她到达适婚年龄时,也不能再被强迫违背自己的意愿而结婚。无论是处女还是成年妇女,都必须表示同意,才能结婚。
This did not apply to Arabia only. It was common throughout the world. Women were treated in the same way as slaves, or worse than slaves, in almost all parts of the world. In some communities, sex was viewed as filthy and women were thought of as evil, tempting men to indulge in such filth. It was from such depths of global ignorance that Islam raised women and marital relations to their high and pure levels, giving women their rightful positions of honour and putting in place safeguards to protect their rights. No little girl would now be the victim of infanticide. Furthermore, when she reached a marriageable age, she could no longer be forced into marriage against her will. Whether virgin or mature, a woman must give her consent before she can be married.
作为妻子,女性享有完整且受保护的权利,并且还享有伊斯兰教法所提供的保障。若离婚,女性所享有的权利,载于本章以及第二章《黄牛》中,也见于《古兰经》其他经文和逊奈中的启示。
As a wife, a woman has full and protected rights, and she further enjoys the safeguards provided by Islamic law. If divorced, a woman has the rights detailed in this surah and in Surah 2, The Cow, as also revealed elsewhere in the Qur’an and Sunnah.
伊斯兰教是出于自身的主动,制定了所有这些立法规定。这并非因为阿拉伯或世界其他地方的妇女感到自身处境不尽如人意,也不是因为男子良心上的某种触动要求对妇女公平相待。
At its own initiative, Islam put all these legislative provisions in place. It was not a response to a feeling among women in Arabia or anywhere else in the world that their situation was unsatisfactory, or to a twinge of conscience among men that required fairness to women.
当时无论在阿拉伯还是其他任何地方,都不存在为妇女权益要求改革的团体;也没有任何女性成员在协商会议或立法议会中任职。事实上,没有一个声音要求改善妇女的地位。这些法律条款是天上的法典在人间实施的一部分,旨在确保对所有人的公正。神的旨意是要把人类生命从其陷入的愚昧深渊中提升出来,洗去婚姻关系中的耻辱地位,并赋予源于单一灵魂被创造的男人与女人,一切能够维护其荣誉与尊严的人权。
There was no association of women in Arabia or anywhere else for that matter demanding reforms; nor were there any female members of any consultative or legislative assembly. Indeed, not a single voice demanded an improvement in women’s status. These legal provisions were part of the code made in heaven for implementation on earth, to ensure fairness to all its people. It was God’s will to raise human life from the depth of ignorance into which it had sunk, purge marital relations from their shameful status and to give to man and woman, created originally from a single soul, all their human rights that preserve their honour and dignity.