盗窃
Theft
安拉说:{至于窃贼,无论男女,都要砍断他们的手,作为他们所做之事的报应,也是安拉施行的惩戒。安拉是万能的,是至睿的。}(5:38)
Allah says, {As to the thief, male or female, cut off his or her hand: retribution for their deed and exemplary punishment from Allah, and Allah is exalted in power, full of Wisdom.} (5:38)
伊本·舍哈卜评论说:"真主严厉惩罚那些盗窃他人财产的人,斩断其手。真主是全能的报复者,在他为窃贼所规定的刑罚中充满智慧。"
Ibn Shihab commented, 'I Allah severely punished whosoever steals people's property by cutting off his / her hand. And He is Almighty in retribution and full of wisdom in dispensing the penalty he has prescribed for thieves.
先知ﷺ说:"通奸者在通奸时不是信士,饮酒者在饮酒时不是信士,盗窃者在盗窃时不是信士,而悔罪之门通常是敞开的。"
The Prophet said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when somebody drinks an alcoholic drink, then he is not a believer at the time of drinking it, and when a thief steals, he is not a believer at the time he is stealing. The door of repentance is usually open ".
伊本·欧麦尔传述:安拉的使者ﷺ因一名小偷偷窃了价值三枚迪拉姆的盾牌,砍掉了他的手。1
Ibn 'Umar narrated, I' Allah's apostle cut off the hand of a thief for stealing a shield that was worth three dirhams.”1
阿伊莎(愿真主喜悦她)传述说:“偷窃价值四分之一第纳尔或以上的东西,应当断手。”2
'Aishah (may Allah be pleased with her) narrated, "The hand should be cut off for stealing something that is worth a quarter of a dinar or more.”2
先知ﷺ说:"窃贼的手只有在偷窃价值相当于一面盾牌的东西时才会被斩断。"有人问:“阿伊莎,一面盾牌值多少?”她回答说:"值四分之一第纳尔。"3
The Prophet said, "The hand of a thief was not cut off except for stealing something equal to a shield in value.” It was said, “ `Aishah: How much is shield worth?' She answered: "A quarter of a Dinar.”3
根据另一段传述,先知ﷺ说:"偷窃价值四分之一第纳尔的财物,就应断手;低于此数则不断。"
According toariothernarration the Prophet said, "Cut off (hands and feet) for stealing what is worth a quarter of a Dinar, but not less".
那时,四分之一第纳尔的价值相当于三个“迪拉姆”。艾卜·胡莱赖传述先知ﷺ说:“真主诅咒那偷窃‘拜达’(或头盔)的小偷,他的手因此应被砍断;或者偷窃一条绳子的人,他的手也应被砍断。”4
A quarter of a dinar, by then, was worth three "Dirhams." Abu Hurairah narrated the Prophet as saying, "Allah curses the thief who steals a "Baidhah" (or a helmet) for which his hand is to be cut off, or steals a rope for which his hand is to be cut off.”4
阿马什评论道:"人们过去把'Baidhah'理解为铁制头盔,并且认为那根绳子可能只值几个迪尔汗。"
Ai-' Amash commented, "People used to interpret "Baidhah" as an iron helmet, and they used to think that the rope may cost a few dirhams.
'Aishah 引述道:"banu Makhzum 部族的一名妇女常常借东西而从不归还。于是,先知ﷺ下令斩断她的手。"1
`Aishah quoted, "A woman from Banu Makhzum used to borrow things and never give them back. Consequently, the Prophet passed an order to get her hand cut off.”1
那名女子的族人来找乌萨马·伊本·宰德,请他为她向先知求情,希望先知赦免她。乌萨马就此事与安拉的使者交谈,安拉的使者说:"你是要为了让我违反安拉的一项刑罚而替人求情吗?"随后他站起来向众人讲话,说:"众人啊!在你们之前的各民族之所以迷失,是因为若是有地位的人偷窃,他们就放任他;若是其中软弱的人偷窃,他们却对他执行刑罚。以安拉起誓,即便穆罕默德的女儿法蒂玛偷窃,穆罕默德也会砍断她的手!"ﷺ
"The woman's people ~ame to Usama Ibn Zaid to intercede with the Prophet that he may pardon her. When Usamah spoke to Allah's apostle about that matter, Allah's apostle said, "Do you intercede (with me) to violate one of the legal penalties of Allah?" Then he got up and addressed the people, saying, "0 people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft; they used to inflict the legal penalties on him. By Allah, if Fatimah, the daughter of Muhammad committed theft, Muhammad would have cut off her hand!” 2
阿卜杜勒-拉赫曼·伊本·穆哈伊里兹问富达拉·伊本·乌拜德,把小偷被截断的手挂在脖子上是否属于先知的传统。他说:
Abdul-Rahman Ibn Muhayriz asked Fudhalah Ibn Ubaid whether hanging the thiefs amputated hand to his neck is of the tradition of the Prophet. He said.
有一名窃贼被带到先知ﷺ面前,先知ﷺ下令砍断他的手,并将断手挂在他的脖子上。3
"A thief was summoned before the Prophet who gave an order to cut off his hand and tie it to his neck.”3
穆斯林法学家认为,窃贼的悔罪不成立,除非他归还所窃取的财物。如果他已经破产、无力归还,则应请求失主原谅他。
The Muslim Jurists viewed that a thiefs’ repentance is not valid unless he gives back what he has robbed. In case he is bankrupt, he should ask the real owner of the stolen thing to pardon him.
1 由布哈里和穆斯林记载。
1 Reported by A1-Bukhari and Muslim.
2 由布哈里和穆斯林辑录。
2 Reported by Al-Bukharl and Muslim.
3 由布哈里记录。
3 Reported by Al-Bukhari.
4 由布哈里记载。
4 Reported by Al-Bukhari.
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1 由布哈里圣训集记载。
1 Reported by Al-Bukhari.
2 由穆罕默德·本·伊斯玛仪·布哈里(Al-Bukhari)记载。
2 Reported by A1-Bukhari.
由at-Tirmidhi记录。
3 Reported by At- Tirmidhi.