1.2.2. 确定导致此次净化无效的因素
1.2.2. Identification of the Factors Causing the Nullification of this Purification
本章的依据是至高者的话语:"如果你们身处jandba(大净所需的状态),就要净身。"以及他的话语:"他们问你(穆罕默德啊)关于月经的事。你说:那是一种伤害,所以在经期中要远离女人,在她们洁净之前不要与她们同房。当她们净身之后,你们就可以依照安拉为你们所命定的方式与她们同房。"61
The basis of this chapter are the words of the Exalted, “And if ye are involved in jandba, purify yourself’,60 and His words, “They question thee (O Muhammad) concerning menstruation. Say: It is a suffering, so let women alone at such times and approach them not till they are cleansed. And when they have purified themselves, then go in unto them as Allah has enjoined upon you”.61
学者们一致认为,大净(全身沐浴)是由两种哈达思(仪式不洁)所引起的义务。第一种是马尼伊(精液)的排出(这被称为大哈达思),无论是在健康状态下睡眠中排出,还是清醒时排出,男女皆然。唯有据传纳赫阿伊(al-NakhaT)的意见例外,他认为女子梦遗后不需沐浴。多数学者则认为女子与男子在梦遗方面相同,依据是乌姆·赛莱玛(Umm Salama)的确凿圣训。她说:"真主的使者啊!如果女子在睡梦中看到男子所见的情形,她需要沐浴吗?"他回答说:"是的,如果她发现了分泌物。"第二个圣训,学者们同样一致认为其真实可靠,涉及月经,规定月经结束时必须沐浴。这也是基于至高者的话语:"他们会问你(穆罕默德)关于月经的事。你说:那是一种伤害,所以在经期中要远离女人,在她们洁净之前不要接近她们。当她们洁净自己之后,你们就按真主所命令你们的方式与她们亲近。"此外,这也基于先知ﷺ对阿伊莎及其他妇女关于沐浴的指示的传述。学者们在这一章中就两个近似基本原则的问题存在分歧。
The jurists agreed about the obligation of this major ablution (full washing) arising from two kinds of hadath (ritual pollution). First, is the flowing of maniyy (this is known as the major hadath) in sound health during sleep, or while awake, both in the case of a male and of a female, except for what is related from al-NakhaT, who did not require bathing for a woman after a wet dream. The majority agreed about the similarity of women to men with respect to wet dreams because of the established tradition of Umm Salama. She said, “0 Messenger of Allah! If a woman sees in her sleep what a man sees, does she have to take a bath?” He replied, “Yes, if she finds moisture”. The second tradition, whose authenticity they also agreed about, relates to menstruation, and requires that bathing be performed, when it ceases. This is also based on the words of the Exalted, “They question thee (O Muhammad) concerning menstruation. Say: It is a suffering, so let women alone at such times and approach them not till they are cleansed. And when they have purified themselves, then go in unto them as Allah has enjoined upon you”. i Furthermore, it is based upon reports of the Prophet’s instructions to ^isha and other women about bathing. They differed in this chapter about two issues that are like basic principles.
1-2.2.1. 问题一:同房后沐浴净身的义务
1-2.2.1. Issue 1: Obligation of purification after cohabitation
教友们——愿真主喜悦他们——对同房之后是否必须沐浴存在分歧。有些人说,只要生殖器相接触,无论是否射精,沐浴都是必须的。这是各地大多数教法学家的观点,包括马立克及其门徒、沙斐仪及其门徒,以及一部分兹希尔派学者。兹希尔派中另一部分学者则认为,只有在性交的情况下才需要沐浴。
The Companions, may Allah be pleased with them, disagreed about the obligation of purification following cohabitation. Some of them said that Purification is obligatory after contact of the genitals, irrespective of the occurrence of ejaculation. This is upheld by the majority of the jurists of the provinces, Malik, his disciples, al-ShafiT, his disciples, and a group of the Zahirites. Another group of the Zahirites maintained the obligation of Purification in case of coition only.
他们在这个问题上产生分歧,原因在于相关圣训之间的冲突,因为有两段圣训的真实性为圣训学者所公认。Qadl(伊本·鲁世德)说:"我说公认的圣训,是指由布哈里或穆斯林所记录的圣训,或者是由两人共同记录的圣训。"其中一段是艾布·胡莱赖(Abu Hurayra)传述的圣训,他说,先知ﷺ说:"如果他置身于女人的四肢(大腿)之间,使他的生殖器与她的生殖器相接触,沐浴便成为必需的。"第二段圣训来自奥斯曼,有人问他:"你对那种与妻子同房却没有射精的人有什么看法?"他回答说:"他应当像做拜功那样进行小净(小净),我是从先知ﷺ那里听到这一点的。"
The reason for their disagreement over this issue stems from the conflict of relevant traditions, for there are two established traditions whose authenticity is agreed upon by the traditionists. The Qadl (Ibn Rushd) said: “When I say established, I mean by it a tradition recorded by al-BukharT or Muslim,,or one that is recorded by by both”. One of these is the tradition of Abu Hurayra from the Prophet (God’s peace and blessings be upon him), who said, “If he places himself between the four parts (thighs) of a woman, joining his genitals with hers, bathing becomes obligatory”. The second tradition is from TJthman, when it was said to him, “What do you think of the man who cohabits with his wife, but does not ejaculate?” He replied, “He is to perform (the minor) ablution like he does for prayers—I heard this from the Prophet (God’s peace and blessings be upon him)”.
法学家们对这些圣训的看法分为两种意见。第一种主张依据废止(夺取效力)的原则,第二种则遵循在两种说法相冲突、既无法取舍又无法调和时所采用的“共识”原则。多数学者认为,艾布·胡莱赖(Abu Hurayra)的圣训废止了奥斯曼(TJthman)的圣训。他们的论据来自乌班耶·本·凯布(Ubayy ibn Ka<b)的传述,他说:“安拉的使者(愿安拉的慈悯与祝福降临于他)在伊斯兰初期给予了宽限,但后来下令要沐浴。”此传述由艾布·达乌德(Abu Dawud)记录。那些认为这两段圣训的冲突既无法通过调和解决、也无法通过取舍解决的学者则主张,必须诉诸共识,即射精之后须履行洁净的义务。 多数学者根据类比而取舍艾布·胡莱赖的圣训,他们说:既然学界已就生殖器接触会引起哈德刑罚达成共识,那么它也必然是导致沐浴的原因。他们还传述,这一类比源自四位哈里发的做法。多数学者同样依据阿伊莎('Aisha)的圣训,以及她从安拉的使者(愿安拉的慈悯与祝福降临于他)处所转述的内容(此为穆斯林所记录)来取舍这一观点。
The jurists were divided into two opinions about these traditions. The first is based upon abrogation, while the second follows what is agreed upon in case of conflict when neither preference nor reconciliation is possible. The majority maintained that Abu Hurayra’s tradition abrogates that of TJthman. Their argument is based upon what is related from Ubayy ibn Ka<b, who said, “The Messenger of Allah (God’s peace and blessings be upon him) granted a concession in the early days of Islam, but later ordered bathing”. It is recorded by Abu Dawud. Those who held that the conflict between these two traditions cannot be resolved through reconciliation or by preference maintained that recourse to what is agreed upon becomes necessary, which is the obligation of purification upon ejaculation. The majority preferred Abu Hurayra’s tradition on the basis of analogy, saying that as consensus has occurred on the point that the contact of the genitals invokes the hadd penalty, it must also be the cause giving rise to bathing. They related that the analogy has been derived from the practice of the four Caliphs. The majority preferred it also on the basis of ‘Aisha’s tradition and her reports from the Messenger of Allah (God’s peace and blessings be upon him), as recorded by Muslim.
1.2.2.2. 问题2:导致需要净化的精液排出
1.2.2.2. Issue 2: Seminal discharge invoking purification
学者们对于产生大净义务的精液排出的条件存在分歧。马立克将伴随(情欲)快感的排出纳入考虑,而沙斐仪则认为,单纯的排出即导致净身的义务,无论是否伴随性快感。他们分歧的原因有两个。第一,“junub”(处于大秽状态)一词是否也适用于以非通常方式而沾染者。主张该词仅适用于以通常方式而沾染大秽者的人,认为在没有快感的情况下排出精液,不需要净身。主张该词适用于任何方式排出精液的人,则因此使净身成为义务,即便排出时没有快感。第二,无快感的排精与经血不规则出血的妇女之血相似。他们分歧的是,这种血的流出是否应导致净身的义务。我们将在经期的章节中提及此点,尽管它也与本题相关。
The jurists differed about the condition of seminal discharge that gives rise to the obligation of the major purification. Malik took it into account when accompanied by (lustful) pleasure, while al-ShafiT said that mere emission leads to the obligation of purification, irrespective of accompanying sensual pleasure. There are two reasons for their disagreement. The first is whether the term “junub” (being in a state of major ritual pollution) is also applicable to one who is involved in this way, though not in the normal manner. Those who held that it applies only to one who has become ritually polluted in the normal manner, did not require purification upon seminal discharge unaccompanied by pleasure. Those who held that it applies to seminal discharge whatever the manner, made purification obligatory because of it, even when The second reason is the similarity of emission without pleasure with the blood of the irregularly,bleeding woman. They disagreed whether the flow of such blood should give rise to the obligation of purification. We shall mention this in the chapter on menstruation, though it pertains to this topic too.
在马立克学派中,有一个在此主题下讨论的案例,涉及一个因挑逗而获得快感、但之后快感消退后才射精的人(即中断性交)。如果他在这种无快感的射精之前已经沐浴过,有人说他必须重新洁净,也有人说他无需重复。理由是这类射精在性交的一部分过程中伴有快感,但之后则没有。认为快感状态更为重要的人说洁净是必须的;而认为无快感这一点具有决定性意义的人说洁净不是必须的。
In Malik’s school there is a case discussed under this topic, which relates to a person who derives pleasure on provocation, but he ejaculates later after the pleasure has subsided (coitus interruptus). If he has bathed before this pleasureless ejaculation, it is said that he has to renew purification, while it is also said that he need not repeat it. The reason is that this type of ejaculation is accompanied by pleasure for part of the copulation, but not thereafter. Those who gave predominance to the state of pleasure said that purification is obligatory, while those who considered the absence of pleasure significant said that purification is not obligatory.unaccompanied by pleasure.