1.2.3. 沐浴(Janaba)与月经的教法
1.2.3. Ahkam of Janaba and Menstruation
1.2.3.1. 第一节:沐浴(Janaba)
1.2.3.1. Section 1: Janaba
关于被称为"贾纳巴"(janaba)的大污染的形式的教法裁决,涵盖三个问题。
The ahkam about the form of major ritual pollution designated as janaba are covered in three issues.
1.2.3.1.1. 第1个问题:处于焦土(janaba)状态时进入清真寺
1.2.3.1.1. Issue 1: Entry into the mosque in a state of janaba
关于junub(处于大净状态者)进入清真寺,法学家们存在分歧,形成三种观点。一派法学家绝对禁止此事,这是马立克及其门徒的观点。另一派法学家,包括沙斐仪(al-ShaficT),禁止在清真寺内停留,但允许经过清真寺的人进入。第三派法学家,包括达五德(Dawud)及其门徒,则允许所有人进入。
The jurists disagreed about the entry of the junub into the mosque, expressing three opinions. One group of jurists prohibited this absolutely, which is the opinion of Malik and his disciples. Another group, including al-ShaficT, prohibited staying in the mosque and permitted one who is passing through it. ^he third’group, including Dawud and his disciples, permitted this for all.
沙斐仪与扎希里派之间产生分歧的原因,在于至尊者的经文“信道的人们啊!你们醉酒的时候,不要接近拜功,直到你们知道自己所说的话;你们不洁的时候,也不要接近,除非你们是过路的人,直到你们洗浴”{63},其含义可以有两种解释,二者之间存在摇摆。 一种解释是:这段经文用的是比喻,因此应当假定其中隐含了一个“地方”一词,读作“不要接近拜功的场所(清真寺)”,而旅行者的例外情况则与不得在拜功场所停留的禁令有关。另一种解释是:不必假定隐含任何词语,经文应当按字面原样理解,即在旅途中处于大净状态( janaba,性污染)而又缺水的人,可以施行帖殿目(tayammum)然后礼拜。 认为经文中隐含一个词的人,允许大净者经过清真寺;而不认为有隐含词的人,则无法从这段经文中找到禁止大净者在清真寺停留的依据。 至于那些禁止大净者经过清真寺的人,我所知道的唯一依据,就是先知穆罕默德ﷺ所传的一段圣训的字面含义:“大净者和月经中的女人,不得进入清真寺。”但按照圣训学者的判断,这段传述并不成立。就本题而言,关于月经中的女人的学者分歧,与大净者的情况相同。
The reason for disagreement between al-ShafVi and the Zahirites is based on the vacillation of words of the Exalted, “O ye who believe! Draw not near onto prayer when ye are drunken, till ye know that which ye utter, nor when ye are [ritually] polluted, save when journeying upon the road, till ye have bathed”,63 between two interpretations. Is the use of words metaphorical, so that an implied word “place” is to be assumed inserted, that is, to read “Draw not near unto the place of prayer (the mosque)”, and that the exemption for traveller relates to the prohibition of staying in the place of prayer, or, whether no word is to be assumed implied "and the verse is to be read as it is, where the traveller is in a state of janaba (sexual defilement), who lacks water (and can therefore perform tayammum and pray)? Those who held that a word is implied in the verse, permitted the junub to pass through the mosque, but those who did not take this to be the case did not have any evidence from the verse for prohibiting the junub from staying in . the mosque. I do not know of any evidence for those who prohibited the junub to pass through the mosque, except the literal meaning of what is related from the Prophet (God’s peace and blessings be upon him) that he said, “(Entry into) the mosque is not permitted to a junub nor to one menstruating.” It is a tradition that is not established according to the traditionists. The disagreement of the jurists related to one menstruating, for purposes of this topic, is the same as that for the junub.
1.2.3.1.2. 第2个问题:在不洁净(不处于小净或大净状态)时触摸《古兰经》(穆斯哈夫)
1.2.3.1.2. Issue 2: Touching the mushafxn a state of ritual pollution
一些法学家认为这是允许的,但多数学者禁止此事,他们禁止在未行小净的情况下触摸《古兰经》。对于(大净者)的争论,其理由与未行小净者的争论相同,即基于至尊者的话语:“除洁净者外,无人可以触摸。”对于这节经文含义的分歧,我们已经讨论过了。这与月经妇女触摸《古兰经》的争论完全相同。
A group of jurists decided to permit this, but the majority prohibited it,64 and they are those who prohibited touching it without ablution. The reason for their disagreement (over the case of the junub) is the same as that relating to the person who has not performed the minor ablution, that is, it is based on the words of the Exalted, “Which none toucheth save the purified”.65 We have already discussed the disagreement over the meaning of the verse. It is exactly the same disagreement as that relating to touching by the menstruating woman.
1.2.3.1.3. 第三个问题:由jwntti诵读《古兰经》
1.2.3.1.3. Issue 3: Recitation of the Qur’an by thejwntti
学者们对此意见不一:多数学者禁止,另有一部分学者允许。他们产生分歧的原因在于,归于<AIf的圣训可以有不同的理解,该圣训说:“除了迹部(janaba)之外,没有任何东西阻止先知ﷺ诵读《古兰经》。”一部分学者认为,这段圣训并不构成教法裁定(hukm),它只是传述人的个人印象。否则,若非先知ﷺ告知,人们怎能知道因迹部而不得诵读《古兰经》呢?多数学者则认为,CAIT(愿真主喜悦他)不会凭个人印象或主观信念说出这样的话,他是在获得可靠的知识之后才这样说的。
The jurists differed about this, with the majority prohibiting it, and a group of jurists permitting it. The reason for their differences is the possibility of different interpretations of the tradition attributed to <AIf in which he states: “Nothing prevented the Prophet (God’s peace and blessings be upon him) from the recitation of the Qur’an, except janaba”. One group of jurists said that the tradition does not give rise to a hukm, as it is only the impression of the narrator. Otherwise, how could one know that Qur’an was not to be recited because of janaba, unless he informed him of this? The majority maintain that CAIT (God be pleased with him) would not say such a thing out of his own impression or conviction, and he said it after attaining sound knowledge.
一些法学家认为,月经中的女性与junub(需要大净者)处于同样的地位;另一些法学家则区分二者,基于istihsan(优选原则),允许月经中的女性诵读部分经文,理由是her月经期持续时间较长。这是马立克的观点。
A group of jurists considered the menstruating woman in the same position as the junub, while another group made a distinction between them, permitting the menstruating woman some recitation through istihsan, because of the length of the period of her menstruation. It is Malik’s opinion.
这些便是有关大净(janaba)的律例。
These, then, are the ahkam of janaba.
1.23.2. 第二节:子宫流出的血液种类及相关教法规定
1.23.2. Section 2‘. The types of blood flowing from the uterus and related ahkam
本章关于子宫流出的血液类型的原则讨论分为三个小节。第一节论述子宫流出的血液的类型。第二节论述由清净转为月经的迹象,由月经转入清净期或转为持续性出血的迹象,以及由持续性出血(不正常出血)转入清净期的迹象。第三节论述月经和持续性出血的伊斯兰律例的辨别,即在其间被禁止的行为和被要求的行为。
The discussion of the principles related to the types of blood flowing from the uterus is covered in three subsections. The first is about the types of blood flowing from the uterus. The second' is about the identification of indications of change from purity to menstruation, the signs denoting the transfer from menstruation to the period of purity or into extended menstruation, and of extended menstruation (unhealthy bleeding) into the period of purity. The third relates to the identification of the ahkam of menses and extended menstruation, that is, acts prohibited and acts obligatory during it.
在本章的每一小节中,我们将提及一些类似规则和原则的问题,它们适用于本章所涵盖的全部内容。这与我们的宗旨相符:既讨论学者们一致同意的问题,也讨论存在分歧的问题。
In each of these subsections, we shall mention issues that are like rules and principles for all that is covered in this chapter, in accordance with our aim of discussing issues agreed upon as well as those disputed.
1.23.2.1. 第一小节:子宫流出的血液类型
1.23.2.1. Sub-section 1: The types of blood flowing from the uterus
历代法学家一致认为,从子宫流出的血有三种:经血,即在身体健康时按月而来的血;月经周期之外的出血,即在患病时流出的血,按照先知(愿真主的赞颂与祝福降临于他ﷺ)的圣训“这是血管的血,而非月经”,它不是经血;以及产后血,即分娩之后出现的血。
The jurists agreed that the types of blood flowing from the uterus are three: menstrual blood, which flows (monthly) in a state of health; bleeding outside the regular monthly cycle of menstruation, which flows in a state of illness and is not menstrual blood according to the saying of the Prophet (God’s peace and blessings be upon him), “It is blood from the (ailment of the) veins and not menstruation”; and (thirdly) postnatal bleeding, which occurs after childbirth.
1-23.2.2. 小节2\ 从一种状态转变为另一种状态的迹象
1-23.2.2. Sub-section 2\ Indications of change from one to the other
这些血型之间的区别特征,以及经期与净期之间相互转变的判断,主要依据的是对通常的月经日期和净期日期的了解。我们将提及那些类似原则的内容,共有七个问题。
The identification of the indications distinguishing some of these types of blood from the others, and of the changing of the period of purity into menstruation and vice versa is based mostly on the knowledge of the usual dates of menstruation and those of purity. We will mention those that are like principles, and these are seven issues.
1-23.2.2.1. 问题1:经期的最长与最短天数
1-23.2.2.1. Issue 1: Maximum and minimum number of days for menstruation
学者们对经期的最长与最短天数,以及清净期的最短天数,存在分歧。据传马立克的观点是,经期最长为十五天,这也是沙斐仪的观点。艾卜·哈尼法则认为,经期最长为十天。马立克认为经期没有最短期限,可以只是一次血流;但在计算离婚的等待期时,他不把这种微量的流血计算在内。沙斐仪认为,经期最短为一昼夜。艾卜·哈尼法认为,最短为三天。
The jurists disagreed about the maximum and minimum number of days of menstruation and the minimum number of days of the period of purity. It is related’ from Malik that the maximum number of days for menstruation is fifteen, which is also al-ShaficFs opinion. Abu HanTfa said that the maximum number of days is ten. There is no minimum limit for the period of menstruation according to Malik, who said that it could be a single flow of blood, though he does not take this minor discharge into account in calculating the periods in divorce. Al-ShafiT said that the minimum period of menstruation is one day and a night. Abu HanTfa said that the minimum is three days.
马立克的传述对于纯净期的最短时限存在分歧。据传自他的说法有三种:十天,八天,十五天;十五天这一说是他的巴格达门徒所倾向的。沙斐仪和艾卜·哈尼法也持此见解。有些法学家则认为这一期限是十七天,据我所知,这也是公议所认定的最长期限。依他们的看法,纯净期的最长期限并无限定。以上是法学家们就这一问题的各种观点。那些为经期设定最短时限的人,认为少于此最短时限的血流属于不正常的出血(istihada)。那些不为经期设定最短时限的人则认为,即使只有一次血流,也必须视为经血。对于那些为经期设定最长时限的人来说,超过此限的出血属于不正常出血。
Narrations from Malik differed about the minimum period of purity. It is related from him that it is ten days, it is related that it is eight days, and it is related that it is fifteen days, which was the inclination of his Baghdadi disciples. This is also the opinion of al-Shafi T and Abu Harnfa. Some jurists c said that this period is seventeen days, which is the maximum according to consensus, as far as I think. There is no limit set for the maximum period of purity in their view. These are the views of the jurists regarding this subject. Those who have a minimum limit for menstruation regarded discharge for less than this minimum to be of the category of istihada (unhealthy bleeding). Those who do not have a minimum fixed for menstruation, held that even a single flow must amount to menstruation. For those who have a maximum limit for menstruation, bleeding in excess of this limit is istihada.
马立克关于这一问题的观点可以概括为:女性分为两类,即初次行经者和有经验者。刚开始行经的女性,一看到第一滴血,就应停止礼拜,直至满十五天(如果血持续那么久)。如果血仍未止,从那时起她便是“习惯性流血者”(mustahada),应当开始礼拜(在沐浴之后)。这也是沙斐仪的观点。不过,马立克认为,她应在血流满十五天后,意识到(此后的血不是月经,)她是“mustadada”时,才开始礼拜;而沙斐仪则要求她(除了履行当下的义务外)补做她错过的十四天的拜功,但最少的期限除外(在他看来,这个最少期限是一昼夜)。马立克的另一种观点是:她应计算与她同龄之人的行经天数,再加三天。若到那时血仍未止,则判定她为习惯性流血者。
The summary of Malik’s views regarding this topic of menstruation, however, is that women are of two types: a starter and the experienced. A woman who has just started menstruating is to give up prayers upon seeing the first drop of blood till a period of fifteen days (if bleeding continues for so long). If it does not cease, she is from then on a mustahada and is to start praying (after bathing). This was also al-ShafiTs opinion. However, where Malik said that she is to begin praying (only after fifteen days of bleeding) when she realizes that (further bleeding is not menstruation and) she is a mustadada, al-ShafiT required her (in addition to her fresh obligations) to pray qada* for fourteen days that she has missed, except (she is not to repeat prayers for) the minimum period (which) for him is one day and one night. Another opinion from Malik is that she is to count the number of days of someone her own age and then add three days. If bleeding has not ceased by then, she is deemed a mustahada.
1-23.2.2.2. 问题二:经期停止后又再次来潮的妇女的情况
1-23.2.2.2. Issue 2: The case of the woman whose menstruation ceases then begins again
马立克及其门徒认为:血流不规律的妇女,即流血一两天、再洁净一两天的情况,应将其流血的天数累加起来,忽略洁净的日子。她每天在发现自己处于洁净状态时都要沐浴并礼拜,因为虽然她不能确定,但那可能是洁净期。如果累计的流血天数达到十五天,从那时起她便是“穆斯塔哈达”(患血崩者)。这一观点也得到了沙斐仪的支持。另有传闻出自马立克,认为她应将流血天数累加,并与其惯常的月经期相比较。当两者相等时,她应再加上三天,待血流停止;否则她便是“穆斯塔哈达”。
Malik and his disciples held that a woman whose bleeding is sporadic, bleeding for a day or two and becoming pure for the next day or two, is to add up the number of days for which she had a flow of blood, ignoring the days of purity. She is to bathe each day that she finds herself to be pure and pray, because even though she is not sure, it may be a period of purity. If the days of deeding have added up to fifteen, she is a mustahada from then on. This °Pmion was also upheld by al-Shafi i. It is also related from Malik that she is c to add up her days of bleeding and measure them against her usual menstrual P^nod. When these are equal she is to add another three days for the flow to Cease, otherwise she is a mustahada.
认为那些没有血流的日子不计入"c °tmt"(此处原文拼写如此,保留不译)是难以理解的,因为它们要么是清净的日子,要么是经期的日子。如果它们是经期的日子,就必须将其加到出血的日子中;而如果它们是清净的日子,那么就无需将其余的出血日子相加,因为它们已被清净的日子隔开。与马立克的原则相符的是:这些日子属于经期,而非清净期,因为在他的观点中,清净期的最短时长是有限定的,并且超过一两天。请仔细思考,如果真主愿意,其道理便会显明。
Considering the days in which there is no flow of blood as excluded from the c °tmt is incomprehensible, for they are either days of purity or of menstruation. If they are days of menstruation, it is necessary that they be added to the days of bleeding, but if they are the days of purity, then, there is no need to add up the (remaining) days of bleeding, since they are separated by the days of purity. What conforms with his (Malik’s) principles is that these are days of menses and not of purity, as the minimum period for purity is limited in his view, and it is more than a day or two. Think over this, and it will be evident, God willing.
事实是,月经血和产后血会流出,然后停止一天或两天,再次流出,直到月经或产后期结束,就像它可能在一天中流出一两个小时后停止一样。
The truth is that menstrual and postnatal blood flows and then ceases for a day or two, flowing again till the menstrual or postnatal period is over, just as it may flow for an hour or two in* a day and then stop.
1.2.3.2.2.3. 问题3:产后出血的最短和最长期限
1.2.3.2.2.3. Issue 3: The minimum and maximum periods for postnatal bleeding
他们对产后出血的最长和最短时限存在分歧。马利克认为产后出血没有最短期限,沙斐仪也持此见解。艾卜·哈尼法和一些法学家则认为有限制:他说最长为十五天,而他的弟子艾卜·优素福说是十一天。哈桑·巴士里将其定为二十天。至于最长期限,马利克曾说是六十天,后来收回此说,并称应当向女性询问此事,但他的弟子坚持第一种意见。沙斐仪的见解也是如此。圣门弟子中的多数法学家认为最长为四十天,艾卜·哈尼法也持此说。不过,也有人认为应当参照处于相同情况的女性的周期;如果她超过这一期限,则属于穆斯塔哈达(患有非经期出血的女性)。一些法学家还区分了所生婴儿的性别:生男孩为三十天,生女孩为四十天。
They disagreed about the .maximum and minimum periods of postnatal bleeding. Malik held that there is no minimum limit for it, which was also upheld by al-Shafi i, Abu Hanlfa c and a group of jurists maintained that it is limited. He said that it is fifteen days, while Abu Yusuf, his disciple, said that it is eleven days. Al-Hasan al-Basri fixed it at twenty days. As to the maximum period, Malik once said that it is sixty days, retracting from it later and saying that women should be asked about it, but his disciples stood firm on the first opinion. This was also al-ShaficFs opinion. The majority of the jurists from among the Companions maintained that it is forty days, which was upheld by Abu Hanlfa. It is said, however, that the periods of women in the same condition should be taken into account, and if she goes beyond that she is a mustahada. Some jurists made a distinction between the birth of a male or female child, saying that for the male there are thirty days, for the female forty.
导致分歧的原因在于,人们难以依赖经验,因为女性的情况各不相同;而且也没有可以据以行动的权威依据,正如他们在经期与净期的天数问题上所存在的分歧那样。
The reason for disagreement is the difficulty in relying upon experience, due to differences in women, and because there is no authoritative source that can be acted upon, as is the case in their disagreement about the days of menses and purity.
1.2.3.2.2.4. 问题4:孕妇所见的血
1.2.3.2.2.4. Issue 4: Blood seen by the pregnant woman
学者们,无论是早期还是后期的,对孕妇所见的血是应视为月经(hayd)还是应视为久血(istihada)存在分歧。马利克、沙斐仪在其较为可靠的意见中,以及其他学者认为孕妇可以行经。艾布·哈尼法、艾哈迈德、萨乌里等人则认为孕妇不行经,她排出的血是疾病所致,除非她正在经历分娩阵痛,在这种情况下,他们一致认为该血应视为产后血,其裁决与行经妇女在禁止拜功及其他相关律例方面相同。 关于怀孕期间行经且血流延长的妇女,马利克及其门徒的传述存在分歧,即她的律例是否从正常月经的律例转为久血的律例。一种意见认为,她的律例仍是行经妇女的律例,即她要么流血至月经的最长天数,之后成为久血妇女;要么在其通常的经期上增加三天,只要总数不超过十五天。还有人说,她在相当于月经最长期限两倍的时间内,仍保持正常行经妇女的身份。也有人说,她将月经最长期限按怀孕已过月数的倍数加倍:例如怀孕第二个月时,将月经最长天数加倍两次;第三个月加倍三次;第四个月加倍四次,依此类推,随着月数增加而递增。
The jurists, both early and later, disagreed whether the blood seen by a pregnant woman is to be deemed as hayd or istihada. Malik, al-Shafi T, in his c more reliable opinion, and other jurists held that a pregnant woman can menstruate. Abu HanTfa, Ahmad, al-Thawri, and others said that the pregnant woman does not menstruate, and the blood discharged from her is that of illness, unless she is having labour pains, in which case they agreed that it is t0 be deemed as postnatal bleeding and her hukm is the hukm of a menstruating woman with respect to the prohibition of prayers and other related ahkdm- From Malik and his disciples there are conflicting narrations about a menstruating pregnant woman with extended bleeding as to the shifting of the hukm of normal menstruation to that of istihada. One opinion is that her hukm is that of a menstruating woman, that is, she either bleeds for the maximum number of days for menstruation and then becomes a mustahada, or she adds three days to her usual menstrual course, as long as the total does not exceed fifteen days. It is further said that she remains a normally menstruating woman for a period double that of the maximum for menstruation. It is also said that she doubles the maximum period of menstruation as a multiple of the month past in the gestation period; thus, in the second month she doubles the maximum number of days of menstruation twice, thrice in the third month, four times in the fourth, and so on as the months increase.
他们在这一问题上意见分歧的原因,在于依靠经验之难,以及该课题的晦涩。有时孕妇所见的血是月经血,这种情况出现在体质异常强健、胎儿较小的女性身上,也可能是双胎妊娠,这一点引自希波克拉底、盖伦以及其他医生。有时她所见的血可能是由于胎儿虚弱所致,胎儿的病患通常取决于她的孱弱与疾病;在这种情况下,它是病态与疾患之血,而且通常是病血。
The reason for their disagreement on this issue stems from the difficulty of relying on experience and the obscurity of the subject. Sometimes the blood that a pregnant woman sees is the blood of menstruation, which is the case of an exceptionally strong woman and where the foetus is small, and it could be a double pregnancy as is related from Hippocrates and Galen, and the rest of the physicians. Sometimes the blood that she witnesses could be due to the weakness of the fetus, and its illness generally depends upon her frailty and illness, in which case it is the blood of a defect and illness, and usually it is the blood from a defect.
1.2.3.2.2.5. 问题五:黏液和脓液(白带)
1.2.3.2.2.5. Issue 5: Mucus and pus (leucorrhoea)
学者们对黄色和褐色的分泌物(白带)是否属于月经存在分歧。一部分学者认为,在月经期内出现的此类分泌物即为月经,这是沙斐仪和艾布·哈尼法的观点,马立克也有同样的说法。在《穆达瓦奈》中记载,马立克认为黄色和褐色的分泌物无论在月经期内还是期外,都应被视为月经,且不论其中是否伴有血流。达乌德和艾布·优素福则认为,黄色和褐色的分泌物不是月经,除非伴有血液。
The jurists disagreed about the yellow and brownish discharge (leucorrhoea) whether it amounts to menstruation. A group of jurists held that it is menstruation during the days of menstruation, which was the opinion of al- Shafi<l and Abu HanTfa, and the same is related from Malik. In al- Mudawwana it is related from him that the yellow and brown discharges are to be considered as menstruation during the menstrual days as well as in others, irrespective of the flow of blood with it. Dawud and Abu Yusuf said that the yellow and brown discharges are not menstruation, unless accompanied by blood.
他们产生分歧的原因,在于乌姆·阿提雅的圣训与阿伊莎的圣训表面含义之间的冲突。据传乌姆·阿提雅说:"沐浴之后出现的黄色和褐色分泌物,我们不予理会。"据传阿伊莎说:"妇女们会把一块包着棉花的折叠布送到她那里,上面带有经血中的黄色和褐色分泌物,并询问她关于礼拜的事。她说:'不要急于做决定,直到你们看到白色的黏液出现,那表示月经已经结束,身体已经洁净。'" 偏向阿伊莎圣训的人认为,黄色和褐色的分泌物都属于月经,无论它出现在月经期内还是期外,无论是否带有血迹,因为同一事物的裁决不可能在其自身的构成部分之间有所不同。而希望调和两段圣训的人则说:乌姆·阿提雅的圣训是针对血止之后的情况,阿伊莎的圣训则针对紧接血止之后的时段;或者说,阿伊莎的圣训针对的是月经期间,而乌姆·阿提雅的圣训针对的是非月经的日子。
The reason for their disagreement is the conflict of the apparent meaning of Ae tradition of Umm Atiyya with that c of cA5isha. It is related from Umm ( Atiyya that she said, “We did not attach significance to the yellow and brown discharge after bathing”. It is related from cA5isha “that the women used to Se nd her a folded scroll containing cotton on which there was the yellow and brown discharge from menstrual blood, asking her about prayers”. She said, l ^o not hasten things till you see that the white mucus [which denotes the en d of menstruation and the beginning of purity] is white”. Those who Preferred ‘A’isha’s tradition deemed the yellow and brown discharges as menstruation, whether it was found in the days of menstruation or otherwise, with blood or without it, because the hukm of a single thing cannot differ within itself (from its constituents). Those who desired to reconcile the two traditions said that the tradition of Umm cAtiyya relates to the case after the cessation of bleeding, while ‘Aisha’s tradition relates to the time immediately following it, or that the tradition of ‘A^sha relates to the period of menstruation, and that of Umm cAtiyya relates to days free from menstruation.
一些法学家遵循了乌姆·阿提亚圣训的字面含义,不认为黄色和褐色的分泌物有任何意义,无论是在经期之内还是在其他日子里,也无论是紧随血液之后还是血止之后。他们的依据是安拉的使者ﷺ所说的:"经血是深色的,是可以辨认的",并且因为黄色和褐色的分泌物不是血。它们与子宫排出的其他一切分泌物一样。这也是伊本·哈兹姆·艾布·穆罕默德的观点。
A group of jurists followed the literal meaning of Umm ^tiya’s tradition and did not attach any significance to the yellow and brown discharges, either during days of menstruation or on other days, either immediately following the blood or after its cessation, because of the words of the Messenger of Allah (God’s peace and blessings be upon him), “The blood of menstruation is dark, and can be identified”, and because the yellow and brown discharges are not blood. They are like all other discharges released by the womb, which is the opinion of Abu Muhammad ibn Hazm.
1.2.3.2.2.6. 第6期:纯洁的迹象
1.2.3.2.2.6. Issue 6: Indications of purity
学者们在判定净洁的标志上存在分歧。一派学者认为,判定净洁的标志是看到分泌物变干,这是马立克门徒中伊本·哈比卜的观点;无论女性习惯看到的是白色分泌物还是通过变干达到净洁,只要她看到其中任何一种,她就算净洁。另一派学者作了区分:如果女性习惯看到白色液体,那么除非她确实看到了它,否则不算净洁;但如果她通常不会出现这种液体,那么当分泌物变干时她便达到净洁。这一说法见于马立克的《穆达瓦奈》。他们分歧的原因在于:一些人考虑的是经常性的习惯,另一些人则只考虑血迹的停止。还有一种说法认为,习惯通过变干达到净洁的女性,可以通过看到白色物质而达到净洁;但习惯看到白色物质的女性,仅仅变干并不能使她净洁。也有相反的主张。以上所有观点都出自马立克的门徒。
The jurists disagreed about the indications of purity. One group of jurists said that the indication of purity is when seeing the mucus becoming dry, which was the opinion of Ibn Habib from among the disciples of Malik; this is so whether it is the practice of the woman to see the white mucus or reach purity by becoming dry. She becomes pure whichever one of these she sees. Another group of jurists made the distinction that if a woman is accustomed to seeing the white liquid, she does not become pure unless she actually sees it, but if she does not habitually get it, then her purity is attainedwhen she becomes dry. This is related in al-Mudawwana from Malik. The reason for their disagreement is that some of them took into account the regular habit, while others considered the cessation of blood alone. It is also said that the one who is accustomed to reaching purity by becoming dry may reach purity by seeing the white matter, but the woman accustomed to seeing the white matter does not become pure by merely becoming dry. The opposite is also maintained, and all this is from Malik’s disciples.
1.2.3.2.2.7. 问题 7:何时可视为正常行经的“冗血期妇女”(mustahdda)
1.2.3.2.2.7. Issue 7: When is the mustahdda considered to be menstruating normally
法学家们对于"穆斯塔希达"(即血流持续不断的女性)的情况存在分歧:她在何时应被视为正常行经。这与他们对于正常行经的女性在血流延长时何时成为"穆斯塔希达"的分歧相同,此问题前文已有讨论。马立克说,血流不断的女性的裁决与清净中的女性相同,直到血液的性状变为月经血的性状为止。这种情况发生在异常血流超过最短清净期之后,此时她应被视为正常行经。也就是说,这两件事同时发生:血液性状的改变,以及延长的血流经过了可能构成清净期的若干天。否则,她仍是穆斯塔希达。
The jurists disagreed about a mustahada—if her bleeding continues indefinitely—as to when she will be considered as menstruating normally, just as they disagreed about a woman with normal menstruation when her bleeding is extended, as to when she becomes a mustahdda, the discussion of which has preceded. Malik said that the hukm of the continuously bleeding woman is the same as the woman in purity, till the description of the blood changes to .that of menstruation. This happens when the unhealthy bleeding continues beyond the minimum period of purity, and it is then that she is to be considered as menstruating normally, that is, when these two things come to pass together, the change in the blood and the passage of days in extended bleeding that can possibly be a period of purity, otherwise she is a mustahada.
艾布·哈尼法说,如果她以前经历过月经,她就按照自己平常的月经天数来计算;但如果她刚开始月经,她就以月经的最长期限为准,按他的观点即十天。沙斐仪说,她应当努力辨别血的特征标志;但如果她早前有过月经经历,就应当遵循那段经历。如果这两个因素都与她相关,那么他有两种观点:第一,她应当遵循特征标志;第二,她应当遵循自己平常的经期规律。
Abu HanTfa said that she takes into account her normal days of menstruation, if she has experienced menstruation before, but if she has just begun menstruating, she passes the maximum period of menstruation, which is ten in his view. Al-ShafiT said that she should try to distinguish between the distinctive signs, but if she has had menstrual experience earlier, she should follow that experience. If both factors are relevant to her, then there are two opinions from him. First, that she should follow the distinguishing signs, and second that she should follow her regular course.
/Their disagreement arises because there are two conflicting traditions on this matter. The first is the tradition of 'A'isha about Fatima bint Abi Hubaysh, "that the Prophet ﷺ ordered her, when she was suffering from prolonged bleeding, to abstain from prayer for the number of days she used to menstruate before this affliction, and then to bathe and pray." The tradition of Umm Salama, which has preceded and was recorded by Malik, carries the same implication. The second tradition is recorded by Abu Dawud from the narration of Fatima bint Abi Hubaysh that she had prolonged istihadah bleeding, and the Messenger of Allah ﷺ said to her, "The blood of menstruation is dark and recognizable. If it is like that, then refrain from prayer; but if it is different, then perform ablution and pray, for it is blood from a vein." This tradition was declared authentic by Abu Muhammad ibn Hazm./
The reason for their disagreement is that there are two conflicting traditions related to this. First is the tradition of cA*isha about Fatima bint AbT Hubaysh “that the Prophet (God’s peace and blessings be upon him) ordered her, when she was having an extended bleeding, to give up praying for the number of days that she used to menstruate prior to this affliction, and then bathe and pray”. The tradition of Umm Salama, which has preceded, and has been recorded by Malik, has the same implication. The second tradition is recorded by Abu Dawud from the tradition of Fatima bint AbT Hubaysh that she had a sustained istihdda menstruation and the Messenger of Allah (God’s peace and blessings be upon him) said to her, “The blood of menstruation is dark, and can be identified. If it is like that then refrain from prayer, but if it is different then perform ablution and pray for it is blood from the veins”. This tradition is declared authentic by Abu Muhammad ibn Hazm.
1.2.3.2.3. 第三小节:区分正常出血与延长出血的教法裁决
1.2.3.2.3. Sub-section 3: The identification of the ahkam of normal and extended bleeding
本节的依据是至高者的话语:“人们会问你(穆罕默德啊)关于月经的事。你说:那是一种疾病,所以在经期中要远离妇女,不要亲近她们,直到她们洁净。当她们洁净自己之后,你们就可以按照真主命令你们的方式去亲近她们。”⁶⁶ 此外还有与此相关的圣训,我们将加以引述。
The basis for this section are the words of the Exalted, “They question thee (0 Muhammad) concerning menstruation. Say: It is an illness, so let women alone at such times and go not in unto them till they are cleansed. And when they have purified themselves, then go in unto them as Allah has enjoined upon you”,66 and also the traditions pertaining to this, which we will be quoting.
穆斯林法学家一致认为,月经会禁止四件事。第一,每日的拜功及其义务。也就是说,月经中的妇女不必以补作(qadā')的方式补行拜功,这与斋戒不同,斋戒是需要补还的。第二,禁止斋戒的行为,但不禁止延后补行(qadā')。这是根据圣妻ʿĀʾisha的一段确立的圣训,她说:“我们被命令补还(因月经而错过的)斋日,却未被命令补行拜功。”哈瓦利吉派的一群人则主张,拜功的补作是义务的。第三,依我的理解,是绕行天房(ṭawāf),这是根据ʿĀʾisha的圣训:先知ﷺ曾命令她做朝觐者所做的一切,唯独不绕行天房(因为她当时正处于月经期)。第四,房事,这是根据至高者的话:“月经期间,你们应当远离妇女,不可亲近她们,直到她们洁净。”67
The Muslim jurists agreed that menstruation prohibits four things. First, the act of the daily prayer and its obligation, that is, it is not obligatory for the menstruating woman to perform the prayer as qadd* (compensatory’ performance), unlike fasting (which has to be made up). Second, it prohibits the act of fasting, but not its delayed performance (qad&). This is based on an established tradition from ^’isha, who said, “We were ordered to make up the days of fasting (which we missed on account of menstruation), but we were not ordered to perform compensatory prayers”. A group of the Kharijites maintained that compensatory performance of prayer is obligatory. The third, in my reckoning, is circumambulation (tawdj) due to cA>isha’s tradition when the Messenger of Allah ordered her to do all that the pilgrims do except circumambulation of the House (as she was menstruating then). The fourth is coition due to the words of the Exalted, “So let women alone at such times and go not in unto them till they are cleansed”.67
他们在许多问题上对具体的律例(ahkām)存在分歧,我们将提及其中最广为人知的几项。这些是五项:
They differed about the ahkdm in a number of issues, and we shall mention those known most widely./These are five:
I.2.3.2.3.I. 问题1:与经期妇女同居以及允许的行为
I.2.3.2.3.I. Issue 1: Cohabitation with the menstruating woman and what acts are permitted
学者们在与经期妇女同房以及允许做的事情上存在分歧。马立克、沙斐仪和艾卜·哈尼法认为,他可以接触腰部以上的部位(即"围裙"以上的部分)。苏富扬·萨certain·赛里(苏富扬·al-陶里)和达五德·扎希里认为,他只需避开血液排出的部位即可,这是他的义务。
The jurists disagreed about cohabitation with the menstruating woman and about the acts that are permissible. Malik, al-ShaficI, and Abu HanTfa said that he can access the area above the waist (wrapper). Sufyan al-ThawrT and Dawud al-ZahirT said that it is obligatory upon him to avoid only the outlet of blood.
分歧的原因在于:关于此问题的诸多圣训的表面含义,与关于经期(hayd)经文的可能解释相互冲突。 在可靠的圣训中,由 ʿĀʾisha、Maymūna 和 Umm Salama 传述:先知ﷺ在其中某位妻子经期时,会吩咐她系好围裙,然后与她同寝。又见于 Thābit ibn Qays 传述的圣训,先知ﷺ说:"对经期中的女子,除房事外,一切都可以做。"Abū Dāwūd 也传述,ʿĀʾisha 说:经期中,先知ﷺ曾对她说:"把你的大腿露出来。"她说:"我照做了,他便把脸颊和胸膛靠在我的大腿上,我靠着他,直到他因天冷而感到疼痛。"
The reason for their disagreement is the conflict of the apparent meaning of the traditions laid down on this issue with the likely interpretations of the verse of menstruation (hayd). It is stated in authentic traditions from <A isha, > Maymuna, and Umm Salama that the Prophet (God’s peace and blessings be upon him), when one of them was menstruating, would order her to tie a waist-wrapper around her and then he would lie down with her. It is also related in the tradition of Thabit ibn Qays from the Prophet (God’s peace and blessings be upon him) that he said, “Do everything with the menstruating woman, except coition”. Abu Dawud has related from cAJisha that the Messenger of Allah (God’s peace and blessings be upon him) said to her, when s he was menstruating, “Uncover your thighs.” She said: “I did so, and he placed his cheek and his chest on my thighs. I leaned upon him till he was Wa nn, for the cold had given him pains”.
在月经的经文中,至高者的话语:“所以月经期间你们要远离妇女,不要亲近她们,直到她们洁净。”在依其一般含义进行解释、除非有证据加以限定,与依“你说:那是一种疾病”这句经文所暗示的、将一般含义理解为特指之间摇摆,因为这种疾病仅限于血液的出口。那些依经文的一般含义解释该经文的人,即认为它按一般含义理解,而该含义因证据而受到限定的人,依据圣训免除了腰布以上部位的接触,因为圣训对《古兰经》的限定在法理学专家中是众所周知的。那些认为经文的含义是一般含义而意在特指的人,则优先采用这节经文,而不采用禁止腰布以下部位接触的圣训,并以与禁止腰布以下部位的圣训相冲突的圣训作为依据。
In the verse of menstruation, the words of the Exalted, “So let women alone at such times and go not in unto them till they are cleansed”, vacillate between ,nte rpretation according to their general implication, except for what is restricted by an evidence, and between implying a general meaning intended for the particular, on the basis of the words of the Exalted, “Say: It is an Alness”, as the illness is confined to the outlet of blood. Those who interpreted foe verse in its general meaning, that is, construing it in the general meaning fol it is restricted by an evidence, exempted contact for what is above the w aist-wrapper on the evidence from the sunna, for the restriction of the Book by the sunna is well-known to the experts of usul. Those for whom the meaning was general intended for the particular, preferred this verse over the traditions prohibiting what is below the waist-wrapper, seeking support frorr traditions conflicting with the traditions prohibiting what is below the waist wrapper.
1.2.3.2.3.2. 问题2:在洁净期(经后已净但未沐浴)之内的性交
1.2.3.2.3.2. Issue 2: Intercourse in the period of purity before bathing
他们对于在女子(妻子或女奴)血止之后至沐浴之前这一段时间内与她同房的问题存在分歧。马立克、沙斐仪以及大多数学者认为,在她沐浴之前不允许同房。艾卜·哈尼法及其门徒则认为,如果她已经净洁超过经期的最长时限(据他所言为十天),则允许同房。奥figure扎尔i(阿瓦则仪)认为,如果她已用水洗净了私处,则允许与她同房,也就是说,每位经期妇女一旦在血止之后清洁自身,便脱离了小净的状态。艾卜·穆罕默德·伊本·哈兹姆也持此观点。
They disagreed about cohabiting with a woman (wife or slave girl) during the interval between the moment of cessation of blood and the time when she takes a bath. Malik, al-ShafiT, and the majority held that this is not permitted till she has a bath. Abu HanTfa and his disciples held that this is permitted if she has been pure beyond the maximum period of menstruation, which according to him is ten days. Al-AwzacT held that if she has washed her private parts with water, cohabiting with her is permitted, that is, each menstruating woman becomes free from hadath once she purifies herself (after the cessation of bleeding). This was also Abu Muhammad ibn Hazm’s opinion.
他们产生分歧的原因,在于对至高无上的真主之言的不同理解:"当她们洁净之后,你们就依真主所命令你们的,去亲近她们"。问题在于,这里的"洁净"是指经期结束,还是指用水净身?如果是用水净身,那又是指全身洗净,还是仅指私处洗净?"洁净"一词在阿拉伯人的日常用语和法学术语中,都是一个有歧义的词,可以用来指这三种含义。
The reason for their disagreement is based upon the possible interpretations of the words of the Exalted, “And when they have purified themselves, then go in unto them as Allah has enjoined upon you”,68 whether the implication is purification by the termination of menstruation or purification with water. Further, if the purification is with water, does it imply purification of the entire body or purification of the private parts? “Purification” in the usage of the Arabs and in the technical legal meaning is an equivocal word used f°r these three meanings.
多数学者主张自己的观点,理由是“tafa'ala”这一动词形式适用于行为主体(mukallaf)自身的行为,而不是他人的行为。因此,至尊主的话“fa'idhti tatahharna”(“当她们洁净之后”)在含义上明确指用水洗净,而不是指月经终止后的洁净。依据表面含义是必须遵循的,除非有证据表明相反的意思。 艾卜·哈尼法则倾向于另一种观点,他主张至尊主的话“hattd yathuma”(“直到她们洁净”)中的“yafulna”形式,在表示月经终止所带来的洁净方面意义更强,而不是用水净身。正如你所看到的,这一问题属于或然性的问题。那些从词根“洁净”派生出的某一词中理解了这三种含义之一的人,就必须在至尊主的话“直到她们洁净,你们便可以依照真主所命令你们的,去亲近她们”中,从另一派生形式推导出同样的含义。这是因为,在同一节经文中,要容纳“yathurna”所表示的血止和“tatahharna”所表示的用水彻底洗净这两种不同的含义,是不可能的,或者说至少是很困难的,正如马立克学派在为马立克辩护时所作的解释那样。阿拉伯人的习惯不是说“不要把一迪拉姆给某某,直到他进入房子;当他进入清真寺时,再给他一迪拉姆”,而是说“不要把一迪拉姆给某某,直到他进入房子;当他进入房子时,再给他一迪拉姆”,因为第二句强调了第一句所包含的意思。 那些把至高者的话“7:7/ 她们就洁净了”理解为经血停止,把至高者的话“当她们洁净(沐浴)之后”理解为用水清洁的人,好比是在说:“在某人进屋之前不要给他一个迪拉姆,等他进了清真寺再给他一个迪拉姆。”这种含义并不符合阿拉伯人的用语习惯,除非其中有一个省略的词,并把经文读作:“当她们因血止而洁净,并自我净身(完全沐浴)之后,你们就照安拉为你们所规定的去亲近她们。”然而,这是一种牵强的假设,主张者也没有提出证据,除非他说经文中“沐浴”一词的明显含义本身就是证据;但这一点被经文中没有省略假设这种更大、更明显的可能性所反驳。因为省略某个词属于借喻,而按照经文的字面本义来理解,比把它当作借喻来解释更为恰当。
The majority preferred their view on the basis that the form of-the verb “tafa'ala” is applied to the act of the subject (mukallaf^ not to the act of others. Thus, the words of the Exalted, “fa'idhti tatahharna” are clear in their meaning about washing with water as compared to the meaning of purity resulting from the termination of menstruation. It is obligatory to follow the apparent meaning, unless an evidence indicates the contrary. Abu HanTfa preferred'lis view by maintaining that the word with the form yafulna in the words of the Exalted, “hattd yathuma” is stronger in the meaning of purity that results from termination of menstruation, as compared to purification with water. The issue, as you see, is a matter of probability. It is necessary for those who understood one of these three meanings from the word derived from the root meaning “purity” in the words of the Exalted, “till they are cleansed”, must infer the same meaning from the other derivation in the words of the Exalted, “And when they are purified, then go in unto them as Allah has enjoined upon you”. This is because it is not possible, or it is difficult (at the least), to accommodate within the same verse the two differing meanings, that is, cessation of blood from, the word “yathurna”, and “full washing with water” from the word tatahharna, as interpreted by the Malikites, when arguing for Malik. It is not customary with the Arabs to say, “Do not give so and so a dirham till he enters the house, and when he enters the mosque give him a dirham”, but they say, “Do not give so and so a dirham till he enters the house, and when he enters the house give him a dirham”, for the second sentence emphasizes the meaning contained in the first. Those who interpreted the words of the Exalted, ‘7:7/ they are cleansed”, in the sense of termination of menses, and the words of the Exalted, “And when they have purified themselves”, to mean purification with water are in the position of the person saying, “Do not give so and so a dirham till he enters the house, and when he enters the mosque give him a dirham”. This meaning is not understood in the usage of the Arabs, unless there is an implied word and the assumed reading l s, “And when they are cleansed [by cessation of blood] and have purified themselves [with full washing], then go in unto them as Allah has enjoined upon you”. This, however, is a far-fetched assumption, and no evidence is adduced by the person who claims it, unless he were to say that the obvious meaning of purification in the term “washing”, is an evidence, but this is °Pposed by the greater and clearer probability of no implied assumption in the v erse. This is because the implied assumption (of a word) is figurative, and mterpreting the text in its actual connotation is better than construing it figuratively.
1.2.3.2.3.3. 议题3:经期中同房
1.2.3.2.3.3. Issue 3: Cohabitation while the woman is menstruating
学者们对于与处于经期的妻子发生性关系的男子,意见有所不同。马立克、沙斐仪和艾布·哈尼法认为,他应当向安拉求饶,且不需要承担任何赎罪义务。艾哈迈德·本·罕百勒认为,他除了求饶之外,还应施舍一或二分之一第纳尔作为赎罪。一部分圣训学家则认为,如果他在她流血时与她同房,应付一第纳尔;如果是在血止之后同房,则应付二分之一第纳尔。
The jurist disagreed about the man who has intercourse with his wife when she is menstruating. Malik, al-ShaficT, and Abu HanTfa said that he should seek Allah’s forgiveness and is not liable for anything. Ahmad ibn Hanbal said that he should (in addition) give one or one-half dinar as charity (atonement). A group of the traditionists said that if he has intercourse while she was bleeding, he would owe one dinar,, but if he cohabits with her after the bleeding has ceased he would owe one-half dinar.
其分歧的原因在于他们对相关圣训的真伪或其强弱存在争议。据伊本·阿拔斯传述,先知(愿主的赞颂与平安降临于他)说,与经期中的妻子同房者应施舍一第纳尔。另有传述称,他应施舍半第纳尔。伊本·阿拔斯的另一则圣训版本说,若在血流期间同房,他应承担一第纳尔的责任;若在血止之后同房,则应承担半第纳尔。在同一圣训中还传述,他应施舍五分之二第纳尔,这是奥扎仪的观点。
The reason for their disagreement over this is based on their dispute about the authenticity of the relevant traditions, or their weakness. It is related from Ibn Abbas c from the Prophet (God’s peace and blessings be upon him) about the person who cohabits with his wife when she is menstruating that he should give one dinar as charity. It is also related from him that he should give one- half dinar. Another version of this tradition of Ibn cAbbas states that if he cohabits while she is bleeding he would be liable for one dinar, but if he cohabits after the flow has ceased he is liable for one-half dmdr. In the same tradition it is related that he should give two-fifths of a dinar as charity, which was al-AwzaTs opinion.
那些认为这些传述是可信的人,便依据它们行事;而那些认为其中没有一条是可信的人——而他们是大多数——则依据“在有证据确立之前,搁置其裁决”的原则行事。
Those for whom these traditions were authentic acted according to them, while those for whom not a single one of these was authentic, and they are the majority, acted1 upon the principle of dropping the hukrn till it is established through an evidence.
1.23.2.3.4. 第4个问题:血流不止的妇女
1.23.2.3.4. Issue 4: The woman with extended bleeding
关于经血持续不止的妇女,法学家们存在分歧。一派法学家规定她应做一次完整的洁净(沐浴),时间是在她依照前面已讨论过的某个迹象判断其月经期已结束之时,这些法学家的观点此前已有论述。规定她只需做一次洁净的这些法学家又分为两派:一派规定她每次拜功前都必须做小净(小洗),另一派则提倡这样做,但并不强制。主张只需做一次洁净的,包括马立克、沙斐仪、艾卜·哈尼法及其门徒,以及各地区的大多数法学家,其中多数规定她每次拜功前都必须做小净。其中有些人不作强制规定,只是提倡,这是马立克的观点。
The jurists disagreed about the woman with extended bleeding. A group of jurists made a single (full) purification (bathing) obligatory for her, which was to take place when she saw that her menstruation period was over in accordance with one of its indications, the discussion of which has preceded according to the opinions of these jurists. These jurists, who made a single purification obligatory for her, are divided into two groups. One group made it obligatory for her to perform (the minor) ablution for each prayer, while the other group recommended'this, but did not make it obligatory. Those who made a single purification obligatory for her include Malik, al-ShafiT, Abu HanTfa, their disciples, and the majority of the jurists of the regions with most of them making it obligatory for her to perform ablution for each prayer. Some of them did not make it obligatory, .but recommended it, which is Malik’s opinion:
除了上述几派之外,另有一派认为,患有持续出血的妇女应当为每一次拜功沐浴净身;第二派认为,她的义务是将晌礼推迟到晡礼的时间,然后净身并合并两拜;同样,她应将昏礼推迟到其时间结束,并在开始进入宵礼时间时第二次净身,合并两拜;最后,她应为晨礼第三次净身。因此,他们在一昼夜之内使三次净身成为她的义务。另有一派法学家认为,她只需在每一昼夜的期间内净身一次。其中一些人没有为此规定时间,这一说法出自Sail(萨希勒)。还有人主张,她应当在每一时段与下一时段之间净身。
Another group, besides these groups, held that a woman with extended bleeding must purify (bathe) herself for each prayer, while a second group held that the obligation is to delay the noon prayer till the time of the middle prayer, and she should then purify herself and combine the prayers. Similarly she should delay the sunset prayer till the end of its time and the beginning of the time of when she should purify herself a second time and combine the two prayers, and finally, she should purify herself a third time for the morning prayer. Thus, they made three purifications obligatory for her in one d *y and a night. One group of jurists held that she is obliged to purify herself °nly once for each period of one day and one night. Some of them did not fix a time for this, which is related; from SAIL Some maintained that she should Purify herself from one period to the next.
因此,对于这个问题产生了四种观点。第一,女性在经血停止后只需一次洁净(沐浴)。第二,她需要为每一次拜功进行洁净。第三,她有义务在一昼夜之内洁净三次。第四,她应当在一昼夜之内洁净一次。
Four opinions are thus arrived at in this issue. First that there is only one Purification for her after the menstrual blood ceases to flow. Second, that she is to purify herself for each prayer. Third, that she is under an obligation to Punfy herself thrice in one day and night. Fourth, that she should purify er self once during one day and night.
二者在此问题上的分歧,源于关于此事的圣训表面含义上的冲突。这里有四段广为人知的圣训,其中一段的真实性获得一致认可,其余三段则存在争议。获得一致认可的那段圣训,出自阿伊莎,她说:“艾布·胡拜什的女儿法蒂玛来到安拉的使者ﷺ那里,说:‘安拉的使者啊!我是一个经常出血、从不洁净的女人,我应当放弃拜功吗?’先知ﷺ对她说:‘不要,那是血管流出的血,不是月经。月经来临时,就放弃拜功;月经结束时,就洗去身上的血迹,然后拜功。’”在该圣训的部分版本中,还有“每次拜功前都要进行小净”这句话。这句增补的话,布哈里和穆斯林都没有收录,但艾布·达乌德收录了,并且有一群圣训学家认定其为可信。
1.2.3.2.3.5. 第五个问题:与血流不止的女性同住
1.2.3.2.3.5. Issue 5: Cohabitation with a woman having extended bleeding
学者们对与患有持续性出血的妇女同房的问题存在分歧,分为三种观点。一派认为可以与她同房,这是各地法学家的观点,并有传述见于伊本·阿拔斯、赛义德·本·穆萨耶布以及一些再传弟子。另一派认为不可以与她同房,这一观点传自阿伊莎,也是纳赫仑和哈凯姆的观点。第三派认为,丈夫不得与她同房,除非出血持续时间很长,这是艾哈迈德·本·罕百勒的观点。 分歧的根源在于:她可以礼拜,是否属于因礼拜义务的规定而产生的例外;还是说,由于她的法律地位等同于处于洁净状态的妇女,所以允许她礼拜。认为这是例外的人不允许丈夫与她同房;而认为她的法律地位与洁净者相同的人则允许同房。总的来说,这是一个经文中没有明确说明的问题。至于区分出血时间长短,则是基于istihsan(法律上的优选原则)。
The jurists disagreed about cohabitation with a woman with extended bleeding, into three opinions. One group said that it is permitted to cohabit with her, and this is the opinion of the jurists of the provinces, and has been related from Ibn ‘Abbas, SaTd ibn al-Musayyab, and a group of the Tabi un. Another c group said that it is not permitted to cohabit with her, which is related from cA5isha, and is the opinion of al-NakhT and al-Hakam- A third group said that her husband is not to cohabit with her, unless it becomes prolonged, which is Ahmad ibn Hanbal’s opinion. The reason for disagreement stems from the dispute about whether permissibility of prayer in her case is an exemption resulting from the prescription of the obligation of prayer, or whether prayer has been permitted to her because her hukm is the same as that of a woman in a state of ritual purity? Those who maintained that this is an exemption did not permit the husband to cohabit with her, while those who maintained that her hukm is the same as that of a ritually pure person permitted it for her. On the whole, it is an issue that is not expressly stated in the texts. The distinction between a prolonged and-a short period, on the other hand, is based upon istihsan.