贿赂
Bribery
安拉至高说:{你们不要用邪道侵吞你们的财产,也不要把财产作为贿赂送给法官,以便你们明知故犯地侵吞别人的一部分财产。}(黄牛章:188)
Allah Most High says, {And do not eat up your property among yourselves for vanities, nor use it as a bait for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.} (Al-Baqarah: 188)
穆斯林禁止贿赂法官或公职人员,以不正当手段使判决偏向自己、对抗对手,或非法侵吞他人财产;他们明知此行为是被禁止的。
Muslims are prohibited to bribe a judge or a public officer to unfairly obtain a decision in favor of one's self against a rival or to unlawfully consume the property of others while they are aware of the prohibition of this act.
据艾布·胡莱赖(愿安拉喜悦他),安拉的使者ﷺ说:"安拉诅咒行贿者和受贿的法官。"
On the authority of Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (pbuh) said, "Allah's curse is on the one who offers the bribe and on the judge who accepts it.” 1
据阿卜杜拉·本·阿慕尔(愿安拉喜悦他)传述:“安拉的使者ﷺ诅咒行贿者和受贿者。”2
On the authority of 'Abdullah Ibn 'Amr (may Allah be pleased with him) that, "The Messenger of Allah (pbuh) cursed the one who offers the bribe and the one who receives it.”2
然而,穆斯林学者确认,贿赂若旨在不正当地侵吞他人的财产或权利,则是被禁止的。因此,如果有人发现自己处于这样的境地:除了通过行贿,所有纠正加诸其身的不公、或追回其被剥夺之权利的途径都已被堵死,那么这笔罪过不在他身上,而在受贿者身上。
However, the Muslim scholars affirm that bribery is prohibited when it is aimed at consuming other's property or rights unfairly. Thus, if someone finds himself in a situation in which all avenues of redressing a wrong done him, or recovering a right which has been forfeited, are blocked except through the payment of a bribe, the sin of it will not be on him but on the recipient of the bribe.
另一则圣训的记载解释道:"真主的使者(愿主福安之)也诅咒那个安排行贿款项支付的人。"此外,上文关于行贿者的裁决同样适用于安排行贿的人,即:如果其目的是为了获得正当的结果,那么他是无罪的;反之亦然。
Another narration of the hadith explains that "The Messenger of Allah (pbuh) cursed also the one who arranges for the payment of a bribe. " Furthermore, what is mentioned above concerning the ruling of the one who offers a bribe applies to the one who arranges it, i.e., if it is aimed at obtaining fair ends, he would be sinless; and vice versa.
礼物送给官员,就是一种贿赂。阿布·乌玛玛·拜赫利(愿安拉喜悦他)传述:安拉的使者ﷺ说:"谁为他的兄弟代为说情,而对方因此送他礼物,那无异于一种极大的高利贷。"3
Gifts to officials are a form of bribery. Abu Umamah AI-Bahli (may Allah be pleased with him) said that the Messenger of Allah (pbuh) said, "Whoever intercedes on behalf of his brother and therefore he offers him a gift, it would be nothing other than a grievous usury.” 3
ابن مسعود(愿真主喜悦他)说:"接受兄弟因你为他解决需求而送的礼物,正是吞食非法之物的确切含义。" 有一次,麦斯鲁格请求伊本·齐亚德协助他消除一项加在他身上的不公,伊本·齐亚德帮了他。之后,麦斯鲁格送给伊本·齐亚德一名奴隶作为礼物。齐亚德拒绝了这份礼物,说:"我听伊本·麦斯欧德说:'因为替穆斯林消除不公而送的礼物是被禁止的。'"他又问道:"阿布·阿卜杜·拉赫曼啊!贿赂难道不是只限于向法官行贿吗?"他回答:"后者是一种以物配主(Shirk)的行为。"1
Ibn Mas'ud (may Allah be pleased with him) said, "To accept a gift from your brother because of fulfilling his need is the precise meaning of consuming the forbidden things." Once Masruq asked Ibn Zyad to assist him in removing a wrong inflicted upon him. Having assisted him, Masruq offered Ibn Zyad a slave as a gift. Zyad, on his part, rejected the gift saying, "I have heard Ibn Mas'ud say, 'Forbidden is the gift offered because of removing a wrong from a Muslim.) "He wondered, "O Abu' Abd AI-Rahman! Is not bribery restricted to offering a bribe to judges!" He replied, "This latter is a form of Shirk (association).”1
有一次,一位基督教徒来到住在贝鲁特的伊玛目阿布·阿慕尔·奥扎伊(愿安拉怜悯他),向他诉说巴勒贝克统治者的不公,请求他写信给该统治者,命令其停止对这位基督教徒的欺压。然而,这位基督教徒带来了一瓶蜂蜜,作为送给阿布·阿慕尔的礼物。于是,阿布·阿慕尔说道:"如果你愿意,我可以拒绝你的礼物,并写信给巴勒贝克的统治者,命令他停止对你的压迫;如果你愿意,我也可以接受你的礼物。"该基督教徒说:"我愿意送礼。"于是,伊玛目阿布·阿慕尔写信给巴勒贝克的统治者,要求减少向这位基督教徒征收的哈拉只(土地税)数额。随后,这位基督教徒带着信件和他的那瓶蜂蜜前往巴勒贝克。统治者读完阿布·阿慕尔的信后,为这位基督教徒减免了三十迪拉姆的哈拉只。
Once, a Christian man came to Imam Abi 'Amr AI-Awza'i (may Allah bestow mercy on him), who was living in Beirut, complaining of the ruler of Ba'labak and asking him to send to the ruler ordering him to stop from doing wrong to the Christian man. However, the Christian man brought with him a bottle of honey as a gift to Abi 'Amr. Therefore, Abi 'Amr commented, "If you wish I would refuse your gift and send to the ruler of Ba'labak ordering him to stop from oppressing you; and if you wish I would accept your gift. Imam' Abi 'Amr send to the ruler of Ba'labak to reduce the amount of Kharaj (land-tax) from the Christian. Consequently, the Christian took the letter and his bottle of honey and traveled to the ruler of Ba'labak. Having read the letter of Abi ' Amr, the ruler reduced 30 Dirhams from Kharaj of the Christian man.
由at-Tirmidhi记载。
1 Reported by At -Tirlllidhi.
由at-Tirmidhi记载。
2 Reported by At- Tirlllidhi.
由艾布·达乌德记录。
3 Reported by Abu Dawud.
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由Al-Haithami在《Majma' Al-Zawa'id》中提及。
1 Mentioned by A1-Haithami in in Magama' Al-Zawa'd.