1.3. 《讲述 TAYAMMUM(以干净的泥土代替净身)的书》
1.3. THE BOOK OF TAYAMMUM (ABLUTION WITH CLEAN EARTH)
本主题的原则在七个章节中进行了全面的讨论。第一章涉及确定此净化所替代的那种净化。第二章论述允许采用这种净化形式的人。第三章论述此净化许可的条件。第四章论述此净化的方式描述。第五章涉及进行此净化所使用的物质。第六章论述使其失效的因素。第七章论述此净化作为其有效性和许可性条件的各种行为。
A comprehensive discussion of the principles of this subject is covered in seven chapters. The first chapter relates to the identification of the purification for which this purification forms a substitute. The second chapter is about the person to whom this form of purification is permitted. The third chapter is about the conditions for the permissibility of this purification. Chapter four is about the description of this purification. Chapter five relates to the thing with which this purification is performed. The sixth chapter is about factors nullifying it. Chapter seven is about acts for the validity and permissibility of which this purification is a condition.
1-3.1、可以用干净土代替(进行)洁净的部分(说明)
1-3.1, Identification of Purification for which Tayammum is a Substitute
法学家们一致认为,这种净化可以代替小净(小污),即小净(wudū'),但在大净(大污)方面存在分歧。据传,'Umar 和 Ibn Mas'ūd 认为它不能代替大净。'Alī 及其他圣门弟子则主张,tayammum 可以代替大净,这也是法学家们普遍采纳的观点。
The jurists agreed that this purification is a substitute for minor (sughra) Purification (i.e. wudi?), but they differed about major purification (kubra). It is related from TJmar and Ibn Mas ud that c they did not view it as a substitute for major purification. A1T and other Companions maintained that tayammum is a C substitute for major purification, which was the view adopted by jurists generally.
他们之间分歧的原因在于对经文的不同理解的可能性,以及在他们看来,关于大净(大污秽,即 janaba)之人行tayammum(干净土净法)的圣训未被证实为可靠的。关于tayammum经文的不同解释,安拉至高所说的"你们找不到水,就应到洁净的高地上,用土擦脸和手"中的称呼对象,可能是仅指小污秽(hadath)者,也可能是兼指两者。对于那些认为安拉所说的"或者你们接触过女人"中的"接触"指的是性交的学者来说,代词指的是两者。对于那些认为它指的是用手触摸的学者来说,称呼对象更可能是小污秽者,因为代词通常指向最后提到的事物。(这节经文不能只有一种可能),除非假定经文的次序经过调整,使其读作:"信道的人们啊!当你们起身拜功时,或你们中有人从厕所来,或你们接触过女人,就洗脸、洗手至肘,轻轻地抹头,洗脚至踝骨。如果你们是大净者,就沐浴净身;如果你们生病或在旅途中,又找不到水,就到洁净的高地上,用其中的土擦脸和手。"这种假定的读法是不被允许的,除非有证据支持,因为假定的读法属于比喻性理解,而按照经文的实际含义来读,比将其作比喻解释更为妥当。有人可能会说,调整次序是有其必要理由的,即经文现有的次序暗示疾病和旅行本身就是导致小污秽的原因。然而情况并非如此,如果把这里的连词"或"(aw)理解为阿拉伯人用法中的"和"(wa),就不存在这个问题了。 这正是导致双方在这一问题上产生分歧的原因之一。
The reason for their disagreement kis the likelihood of different uiterpretations of the verse for and that the traditions about tayawmam for a person involved in jandba (the major hadath) did not prove to ke authentic in their view. With respect to the different interpretations of the v erse of tayammum, it is possible that the addressee in the words of the Exalted, “And ye find not water, then go to high clean soil and rub your faces and your hands (therewith)”,70 is just the person who has acquired a minor hadath y and it is also possible that it is addressed to both. Those for whom the term “touching”, in the words of the Exalted, “Or ye have touched women”, means copulation, the pronoun refers to both. Those for whom it means touching with the hand, it is more likely that the addressee is the person with a minor hadath. This is because the pronouns usually refer to the last mentioned thing. (The verse cannot have one possibility) unless a reading with a rearranged order in the verse is assumed, so that it is read as: “O ye who believe! When ye rise up for prayer, or one of you has come from the closet, or you have touched women, wash your faces, and your hands up to the elbows, and lightly rub your heads and [wash] your feet up to the ankles. And if ye are junub purify [bathe] yourself, and if ye are sick or on a journey, and ye find not water, then go to clean, high ground and rub your faces and your hands with some of it”. Such an assumed reading is not allowed, except on the basis of an evidence, because an assumed reading is figurative, and it is better to read the text in its actual connotation instead of interpreting it figuratively. It may be said that there is a reason that necessitates the assumption of rearrangement; namely that its present order implies that illness and journey are causes of hadath. Yet this is not the case, if the conjunction “or” (aw), is considered here in the meaning of “and” which is found in the usage of the Arabs. This is one of the reasons that led to a disagreement over the issue.
他们在这一问题上的分歧,从布哈里和穆斯林所记载的传述中可以清楚看出:有人来到欧麦尔——愿安拉喜悦他——面前,说:“我遭遇了jandba(大污),却找不到水来沐浴。”欧麦尔说:“那就不要礼拜。”阿玛尔说:“Oh,众信士的长官,您还记得吗?当时您和我一起放骆驼,我们都成了junub(大污者),却找不到水。您没有礼拜,而我则在地上打滚,然后礼拜了。”先知ﷺ(愿安拉的慈悯与祝福临于他)听了我们的讲述后说:“你只需用双手拍击地面,然后吹去尘土,再用它擦脸和双手,就足够了。”欧麦尔说:“敬畏安拉吧,阿玛尔。”他(阿玛尔)说:“如果您愿意,我可以不再转述此事。”有的版本中记载,欧麦尔对他说:“就这样吧。” 穆斯林从舍各奇(Shaqīq)传述说:他说:“我与阿卜杜拉·本·麦斯欧德和艾卜·穆萨同坐,艾卜·穆萨说:‘艾卜·阿卜杜·拉赫曼啊,你认为那种成为junub却找不到水达一个月的人该怎么办?他怎样礼拜?’阿卜杜拉回答艾卜·穆萨说:‘即便他一个月找不到水,也不应做tayammum(土净)。’艾卜·穆萨说:‘那么,《麦伊代》章中的这节经文又怎样解释呢:“如果你们找不到水,就去洁净的高地上,用土擦脸和双手。”’阿卜杜拉说:‘如果这项许可是为他们而定的,那么一旦水对他们来说变冷,他们就会准备用土做tayammum。’艾卜·穆萨对阿卜杜拉说:‘你没有听到阿玛尔对欧麦尔所说的话吗?’”随后他转述了前面的那段传述。阿卜杜拉回答说:“你没有看到欧麦尔并不为阿玛尔的话所说服吗?”
Their disagreement over traditions relevant to this issue is obvious from what has been recorded by al-Bukhari and Muslim “that a man came to TJmar, may Allah be pleased with him, and said, ‘I have been involved in jandba and cannot find water (to bathe)? He [TJmar] said, ‘Do not pray? c Ammar said, ‘Do you not remember, O Amir al-Mu’minih [Commander of the believers], when you and I were tending the camels and became junub, but did not find water. As for you, you did not pray, but I rolled in the earth and prayed? The Prophet (God’s peace and blessings be upon him) [on hearing our story] said, ‘It would have been enough for you to stroke the earth with your hands, then to shake (the dust off) them, and then rub your face and hands’. c Umar said, ‘Fear Allah, O Ammar? He (cAmmar) said, ‘If you like, I will c not relate it’”. In some versions it is stated that TJmar said to him, “Let it be at that”. Muslim relates from ShaqTq that he said, “I was sitting with <Abd Allah ibn Mas ud and Abu Musa, when Abu Musa c said, ‘O Abu cAbd al- Rahman, what do you think about the person who becomes junub and does not find water for a month? How would he pray?’ cAbd Allah replied to Abu Musa saying, ‘He is not to perform tayammum even if he does not find water for a month’. Abu Musa said, ‘Then what about this verse in surat al-M&ida, “And ye find not water, then go to high clean soil and rub your faces and your hands (therewith)?” ‘Abd Allah said, ‘If this concession were made for them, they would be ready to perform tayammum with earth when water appears cold to them’. Abu Musa said to ‘Abd Allah, ‘Did you not hear what (Ammar said to ‘Umar?’” He then proceeded to relate the preceding tradition. “‘Abd Allah replied, ‘Did you not see that ‘Umar was not convinced by ‘Ammar’s statement’ ”.
然而,大多数学者认为,这一点已由'Ammar和'Imran ibn al-Husayn的圣训所确立,两者均被al-Bukhari所记录,并且'Umar的遗忘不影响依据'Ammar圣训行事的义务。此外,他们依据先知ﷺ的话语的一般含义,主张大净者(junub)和经期妇女可以行使tayammum(干净土净):"大地为我被设为清真寺,也被设为洁净之物。" 'Imran ibn al-Husayn的圣训称:"安拉的使者ﷺ看见一个人独自隔开,没有与众人一同礼拜。他说:'你与众人一同礼拜,不是更好吗?'那人说:'安拉的使者ﷺ啊,我是大净者,而且没有水。'先知ﷺ说:'你有大地,这对你就足够了。'"
The majority, however, maintained that this had been established by the traditions of ‘Ammar and Hmran ibn al-Husayn, both recorded by al- Bukhari, and that the forgetfulness of ‘Umar is not effective in the obligation to act upon the tradition of ‘Ammar. Further, they argued for the permissibility of tayammum for the junub and the menstruating woman on the basis of the general implication of the words of the Prophet (God’s peace and blessings be upon him), “The earth has been deemed a mosque for me, and a means of purity”. The tradition of ‘Imran ibn al-Husayn states “that the Messenger of Allah (God’s peace and blessings be upon him) saw a person who had isolated himself and was not praying with the group. He said, ‘Is it not good enough for you to pray with the group?’ He said, ‘O Messenger of Allah (God’s peace and blessings be upon him), I am junub and there is no water.’ The Prophet (God’s peace and blessings be upon him) said, ‘You have the earth, that is good enough for you’”.
他们对此存在分歧,原因在于此类解释的可能性:关于那些没有水的人,他能否与妻子同房?我指的是那些允许junub(大净需要者)进行tayammum(干净土净)的人。
They differed, because of the likelihood of such interpretations, about the person who does not have water whether he can cohabit with his wife? I mean, those who permit the junub to perform tayammum.^
1.3.2. 可以进行此种净化的人
1.3.2. Persons Permitted to Undertake this Form of Purification
学者们一致认为,可以进行这种净化(洁净)的人有两类:病人,以及旅行者在缺水时。关于另外四类人,他们存在分歧:能找到水但害怕使用的病人;没有水的居住者;能找到水但因恐惧而无法到达水源的健康旅行者;以及因极度寒冷而害怕使用水的人。 关于能找到水但害怕使用的病人(marid),多数学者认为允许他进行干净土净法(tayammum);同样,对于因水极度寒冷而害怕死亡或严重疾病的健康人,以及害怕外出而无法到达水源的人,也是如此,不过多数学者认为,当他找到水时,应当重新补做拜功。 Ibn ‘Abbas(愿主喜悦他)认为,病人和能找到水的健康人都不允许进行干净土净法。Malik和al-Shafi‘i主张,缺水的健康居住者可以进行干净土净法。Abu Hanifa则说,即使缺水,健康的居住者也不允许进行干净土净法。
The jurists agreed unanimously that the persons permitted to undertake this purification are of two types: the sick and the traveller, when there is a lack of water. They disagreed about four other types: the sick person who can find water, but is afraid to use it; the resident who has no water; the healthy traveller who can find water, but fear prevents him from reaching it; and the Person who is afraid to use water due to extreme cold. About the marid (sick person) who can find water, but is afraid to use it, the majority said that tayammum is permitted to him; similarly, in the case of the healthy person who fears death or severe illness because of the extreme coldness of water, and the person who is afraid to go out and reach the water, except that most of the jurists consider it obligatory for him to repeat prayers when he finds water. CA^ maintained that sick as well as the healthy persons who find water are not permitted to perform tayammum. Malik and al-ShafiT upheld the permissibility of tayammum for the healthy resident who lacks water. Abu Hanifa said that tayammum is not permitted for the healthy resident, even if there is a lack of water.
这四个问题上意见分歧的根源,是本章的基本依据。关于害怕使用水的病人,他们的分歧集中在经文中是否有隐含的额外词语,即至尊者所说的:"如果你们患病或在旅途中"。主张此处有隐含增补、经文意为"如果你们患病而不能使用水",并且至尊者所说的"而你们找不到水"中的代词"你们"仅指旅行者的人,允许为害怕用水的病人做タヤンムム(tayammum)。而认为"而你们找不到水"中的代词既指病人也指旅行者,且经文中没有隐含增补的人,则不允许病人在能找到水的情况下做タヤンムム。
The reason for their disagreement over these four issues are the fundamentals of this chapter. About the marid, who is afraid to use water their disagreement centres on whether there is an implied additional word in the verse, that is in the words of the Exalted, “And if ye are sick or on a journey”. Those who held that there is such an implied addition and the text means, “And if ye are sick, not able to use water”, and that the pronoun “ye” in the words of the Exalted, “And ye find not water”, refers to the traveller alone, (they) permitted tayammum for the sick person who is afraid to use water. Those who said that the pronoun in “And ye find not water”, refers both to the marid as well t as the traveller, and that there is no implied addition in the verse, did not permit the marid to perform tayammum if he can find water.
他们之间关于缺水的居民的分歧,与经文中“而你们找不到水”这句话里的代词所指有关:它指的是所有处于小净(hadath)状态的人,即居民和旅行者,还是仅指旅行者?主张它指所有处于小净状态之人的学者,允许居民实行干净土净(tayammum);而主张它仅指旅行者,或指病人和旅行者的学者,则不允许缺水的居民实行干净土净。
Their disagreement about the resident who lacks water relates to the dispute whether the pronoun in the words of the Exalted, “And ye find not water”, refers to all kinds of persons in the state of hadath, that is, residents and travellers, or to travellers alone. Those who maintained that it refers to all types of persons in a state of hadath, permitted tayammum to residents, while those who maintained that it refers to the travellers alone, or to the sick and the travellers, did not pennit tayammum to the resident who lacks water.
1.3.3. 此类净化方式有效的条件
1.3.3. Conditions of Validity for this Form of Purification
这种净化的条件的确定涉及三个问题,它们如同原则一般。第一,意图是否为此净化的条件?第二,在缺水时,寻找水是否为允许进行此净化的条件?第三,时间的到来(即礼拜时间)是否为塔叶姆木有效的条件?
^The identification of the conditions of this type of purification relates to three issues, which are like principles. First, whether intention is a condition for this purification? Second, whether searching for water, when it is lacking, is a condition for the permissibility of this purification? Third, whether the advent of the time (of prayer) is a condition for the validity of tayammum.
1.3.3.1. 问题一:意图
1.3.3.1. Issue 1: Intention
大多数学者认为,意图是tayammum(干净土净法)的条件之一,因为它是一种非理性的仪式性崇拜。Zufar持不同意见,认为意图不是其条件之一,也无需意图。这一观点也见于al-AwzaT和al-Hasan ibn Hayy,但该说法较为薄弱。
The majority maintain that intention is a condition for tayammum, because it is a ritual non-rational worship. Zufar deviated saying that intention is not one of its conditions, and there is no need for intention. This is also related from al- AwzaT and al-Hasan ibn Hayy, but the claim is weak.
1.3.3.2. 问题二:寻找水源
1.3.3.2. Issue 2: Seeking water
马立克(愿安拉喜悦他)与沙斐仪一样,规定在转而使用干净土代替净水(tayammum)之前须先寻找水源。艾布·哈尼法则未规定此条件。两者分歧的原因在于:不寻找便找不到水的人,能否被称为缺水者?还是说,缺水者必须是寻找过却未找到水的人? 真理是:无论是经过先前(未果的)寻找,还是未经寻找,只要确信缺水的人,就是缺水者。而仅凭自己的臆想行事的人,不能被视为缺水者。正因如此,学派中要求在同一地点反复寻找的观点被认为较弱,而规定在没有确凿信息表明缺水时必须先行寻找的观点则被认为较强。
Malik, may Allah be pleased with him, stipulated the seeking of water (to ascertain non-availability prior to shifting to tayammum), as did al~Shafi(i. Abu HanTfa did not lay down this condition. The reason for their disagreement over this is whether the person who does not find water without seeking it can be termed as one who lacks water, or whether the person lacking water is one who has sought it but could not find it? The truth is that the person convinced about a lack of water, either due to a prior (unsuccessful) search or without it, 1S one who lacks water. The person acting merely on his whim, however, carmot be one who lacks water. It is for this reason that the opinion in the school requiring repeated search in the same location is deemed weak, whereas the opinion stipulating initial search, when there is no convincing information about lack of water is deemed strong.
*3.3.3. 第三个问题:礼拜时间的到来
'*3.3.3. Issue 3: The advent of time (of prayer)
有些法学家对此作了规定,这是沙斐仪(al-Shafi‘i)和马立克(Malik)的观点;另一些人则没有作此规定,这是艾卜·哈尼法(Abu Hanifa)、遵奉表面经义的学派(al-Zahiriyya),以及马立克门下弟子中的伊本·沙班(Ibn Shaban)的观点。
Some of the jurists stipulated this, which is the opinion of ai-Shaf?T and Malik, while others did not, which is the opinion of Abu HanTfa, the Zahirites, an d Ibn Shahan from among the disciples of Malik.
他们产生分歧的原因在于:《洗小净节》的表面含义是否意味着,除非到了拜功时间,否则小净(wudū')和代净(tayammum)是不被允许的,正如至尊者所说:"信道的人们啊!当你们起来礼拜的时候……"73 因此,他们把小净和代净在起身礼拜之时定为义务,而这一时刻即是拜功时间。由此推出,这里小净和代净的伊斯兰法规,与拜功的法规相同:正如时间是拜功有效的条件一样,时间也是小净和代净有效的条件。然而,法意(Shar')对小净作了例外规定。那么,代净是保留原有的法规,还是这并非该经文及至尊者之言"信道的人们啊!当你们起来礼拜的时候……"的表面含义?这里的"起来礼拜"是否意味着"当你们决意进行拜功"? 此外,即使不假定经文有隐含之义,其唯一含义也只能是:小净和代净的义务在拜功义务到来时才产生,而不是说在拜功时间到来之前进行小净便是无效的,除非该规定是以"在拜功时间之前礼拜"为类比而立论的。在这种情况下,更合适的说法是:此问题的分歧原因在于将代净类比于拜功,但这一类比较弱,因为将代净类比于小净更为恰当。这是一个较弱的问题,请你细加思考,即那些以拜功时间的到来作为其有效条件、并把它视为受时间限制之崇拜的人们的观点。
The reason for their disagreement is whether the apparent meaning of the Verse of ablution implies that tayammum and wudu> are not permitted, except when it is time for prayer, as in the words of the Exalted, “O ye who believe! When ye rise up for prayer .. .”73 Thus, they made wudu> and tayammum obligatory at the time of rising up for prayer, which occurs when it is time for prayer. It follows from this that the hukm of wudt? and tayammum here is the same as the hukm for salah, that is just as time is. a condition for the validity of prayer so, similarly, time is a condition for the validity of wudi? and tayammum. The shar* however has made an exemption in the case of ablution. Does tayammum then retain the original rule, or is this not an apparent implication of the verse and the words of the Exalted, “O ye who believe! When ye rise up for prayer ... mean, “When ye resolve to undertake prayers?” Further, even if there is no assumption of an implied meaning in the verse, the only implication would be that the obligation of ablution and tayammum becomes due at the time of obligation of prayer, not that performance of wudfi and before the time of prayer is invalid, unless the rule is based upon the analogy of observing prayer before its time. In such a case, it would be preferable to say that the reason for disagreement in this is the analogy of tayammum upon prayer, but it is weak because its analogy upon wudi? would be better. This is a weak issue, so think over it, that is those who stipulate the advent of the time of prayer for its validity and render it a form of worship bound by time.
对各种崇拜行为的时间限制,除非有传述的经据,否则不予设定。若要为塔耶敏(tayammum)设定时间,那只有在找水的机会被推迟到时间临近之前的情况下才算合理;这样的话,它就不是一种有时限的崇拜,而是属于这样一个原则:当缺水的时刻恰好是拜功时间开始的时刻时,时间便已到来。因为只有在拜功时间开始时,他才能确定是否有水可用或无水可用。正因如此,学者们对此产生了分歧:塔耶敏应当在何时进行?是在规定时间的开始、中间还是末尾?然而,在某些情况下,人们确知他只有在拜功时间内才会遇到水。此外,如果在进行塔耶敏之后有水出现,他只需要中止塔耶敏(即进行小净 wudu*),而塔耶敏本身并不因此无效。在拜功时间开始之前和开始之后遇到水的可能性是相等的。那么,为何在拜功时间之前进行塔耶敏的律例,会被视为与时间开始时进行的律例不同呢?即在时间之前进行塔耶敏是被禁止的,而在时间到来时进行则不被禁止。这样的观点,除非基于传述的经据,否则不应当被提出。
11*3.4. 对这种净化方式的描述
11*3.4. Descripton of this Form of Purification
关于这种净化方式的说明,它涉及三个问题,{这些问题是本章的基本原则。}
to the description of this form of purification, it relates to three issues, {which are the principles of this chapter.
3.4.1. 第一个问题:擦拭的部位
^3.4.1. Issue 1: The part of the hands to be rubbed
法学家们对于在{真主所说的经文“如果你们找不到水,就你们应当用洁净的土拭面和手”}中所要擦拭的手的范围,有四种不同的看法。第一种看法认为,此处规定的范围与小净(wudu)中的范围相同,即直到手肘。这是学派内广为人知的观点,也为各地的法学家所坚持。第二种看法认为,义务仅在于擦拭手掌,此说为Ahl al-Zahir(表面派)和圣训学家所持守。第三种看法认为,擦拭至手肘是推荐的,而义务只是擦拭手掌,此说传自马立克。第四种看法认为,义务范围延伸至肩部。这是一种偏离正道的看法,据传出自al-Zuhri和Muhammad ibn Maslama。
The jurists had four different opinions about the extent of the hands that Allah {has commanded people to rub in His words, “And ye find not water, then go clean, high ground and rub your faces and your hands with some of it”.75 First, that the prescribed limit for this is the same as the limit in wudu> itself, which is up to the elbows. This is the widely known opinion in the school, and is upheld by the jurists of the provinces. Second, the obligation is to rub the palm of the hand only and this is maintained by the Ahl abZahir and the fraditionists. Third, that it is recommended up to the elbows, but the obligation is (to rub) the palms of the hands. This is related from Malik. The fourth opinion is that the obligation extends up to the shoulder. This is a deviant opinion and has been related from al-ZuhrT and Muhammad ibn Masalma.
H 分歧的原因源于阿拉伯语中“yadd”一词的多义性。这是因为阿拉伯语中的“yadd”一词有三种含义:仅指手,这是其主要用法;指手和前臂;指手、前臂和上臂。第二个原因在于相关圣训之间的冲突。广为人知的阿玛尔圣训,在其各种既定传述途径中,有这样的说法:“你只需用手拍击一下,然后把灰尘抖掉,再用它擦脸和双手就够了。”在一些版本中记载,先知ﷺ说:“你们要擦到手肘。”此外,也有传述称,伊本·乌默尔(Ibn Umar)说,先知ﷺ说:“(tayammum)由两次拍击组成:一次拍击用于脸部,另一次拍击用于双手,直到手肘。”这一说法也通过伊本·阿拔斯(Ibn Abbas)及其他传述人流传下来。
H The reason for their disagreement stems from the equivocality of the term yadd’’' in the language of the Arabs. This is so as the term “yadd’, in the language of the Arabs is used in three meanings: the hand only, which Provides the primary use; the hand and the forearm; the hand, forearm, and upper arm. The second reason arises from the conflict of relevant traditions, be widely known tradition of Ammar, in its various established channels, c f ■ Sa ys, “It would have been enough for you to stroke with your hand, then shake !* off them, and rub your face (with them) and your hands”. In some versions Is stated that the Prophet (God’s peace and blessings be upon him) said, nd that you rub your hands up to the elbows”. It is also related from Ibn u 0131 ^t the Prophet (God’s peace and blessings be upon him) said, consists of two strokes: a stroke for the face, and another for the n us, up to the elbows”. This is also related through Ibn Abbas and other c barrators.
大多数学者倾向于采用这些传述,而不采用以“塔耶姆මム”(即以土代水净)作类比来支持阿马尔所传之说的做法。这与他们之所以选择将“yadd”一词解释为包括手掌和前臂在内、而非仅指手的原因相同,尽管其表面含义只指手。那些主张该词对两者同样适用、并不主要指其中之一而非另一者的人,是错误的。因为“yadd”即便是多义词,其首要含义仍是手,而超出手部的部分则是引申义。并非每个多义词都是含混(mujmal)的。既含混又多义的词,是最初即作为多义词使用的词。法学家们认为,不应以这样的词作论据。正因如此,我们说正确的观点是:义务仅涉及双手。因为“yadd”一词要么首要地指手,相对于其他所有肢体而言;要么它指向其余肢体(前臂与上臂)的含义是相等的。当含义更为明显时,就应依据已确立的传述作出判断。在此以类比凌驾于传述之上,是令人费解的。以类比去优先采用那些未经确立的传述,同样令人费解。依据《天经》与逊奈所得出的判决在此是明显的,故应当深思。
^he majority preferred these traditions over the tradition of Ammar relying on the supporting analogy for it, that is the analogy of tayamrcam upon wudi?, the same factor which impelled them to prefer interpreting the term yadd in the sense which includes the palm and the forearm as against the hand alone, which is the apparent meaning. Those who claimed that it applies to both equally, and is not primarily applied to one of them as compared to the other, has erred, for “yadtF, even if it is an equivocal term, primarily denotes hand, and is metaphorical for the part in excess of the hand. Every equivocal term is not obscure {mujmalj. A term that is both obscure and equivocal is one that has been applied initially as an equivocal term. The jurists have held that it is not proper to argue on the basis of such a term. It is for this reason we say that the correct view is to believe that the obligation relates to the hands alone. This is so as the term yadd either applies primarily to hands as compared to all other limbs or its indication of the rest of the limbs, forearm and upper arm, is equal. It is necessary to decide on the basis of the established tradition when the meaning is more obvious. Giving predominance to analogy here over the tradition is incomprehensible. It is also incomprehensible to prefer on the basis of analogy traditions that have not been established. The hukm on the basis of the Book and the sunna is evident here, so ponder over it.
1.3.4.2. 问题二:击打地面
1.3.4.2. Issue 2: Striking the earth
学者们对于做tayammum(泰雅姆)时击地的次数存在分歧。有人说只需击地一次,也有人说需要击地两次。主张击地两次的人中,有些认为一次用于脸部,一次用于双手,这一派是大多数。我所说的"大多数"包括三位主要的教法学家,即马立克、沙斐仪和艾卜·哈尼法。另有一些人认为,脸部和双手各需击地两次,也就是双手两次、脸部两次。
The jurists disagreed about the number of times the earth is to be struck for the purpose of tayammum. Some of them said it is once, while others said that it is twice. Those who said that it is twice include some who said that one stroke is for. the face and one for the hands. These are the majority. When I say “majority”, then the three (leading) jurists are counted among them, that is, Malik, al-Shafi T, and Abu HanTfa. Some c of them said that there are two strokes for each of them, that is two strokes for the hands and two strokes for the face.
他们产生分歧的原因在于,经文对此并未作出细节说明,而圣训之间又相互冲突;同时,将瓦祖(wudū',小净)类推于太亚穆(tayammum,干净土净)的各种情形,也未获得一致同意。关于此事,‘Ammār的确立的圣训所载是:脸部和双手各擦一次即可;但也有圣训规定要擦两次。多数学者依据以瓦祖类推太亚穆的道理,选择了这些主张两次的圣训。
The reason for their disagreement is that the verse gives no details about this, and the traditions are in conflict, while the analogy of wudi? tayammum in all its instances is not agreed upon. What is stated by the established tradition of ‘Ammar about this is one stroke both for the face and the hands, but there are traditions in which it is required twice. The majority preferred these traditions on the basis of analogy of ablution for tayammum.
13.4.3. 问题三:泥土触及肢体
13.4.3. Issue 3: Earth reaching the limbs
阿什-沙菲仪(al-Shafi‘i)在以下问题上与马利克、艾布·哈尼法等人存在分歧:tayammum(干净的土)时,尘土是否必须到达作为tayammum对象的肢体。艾布·哈尼法不认为这是必须的,马利克也不认为,但阿什-沙菲仪坚持认为这是必须的。
Al-Shafi T* disagreed with Malik, Abu HanTfa, and others about <- the obligation of the earth reaching the limbs that are the object of tayammum. Abu HanTfa did not' consider this as obligatory, nor did Malik, but al-Shafi T upheld it as c obligatory.
分歧的原因在于天启者的经文“你们当用它摩擦你们的脸和手”中,“W”一词存在歧义。这里的“min”(部分)有时用来表示一部分,有时则用来区分不同的类别。主张此处表示一部分的人,认为将泥土转移到去残余的肢体上是必需的。主张它表示类别区分的人则认为,转移泥土并非必需。 沙斐仪倾向于表示部分的解释,其依据是以小净类推于tayammum(代替净法的土净)。但这一观点与前面已经提到的阿马尔的圣训相悖,因为该圣训中有“然后把它抖掉”的字句,还有先知ﷺ在墙上拍土进行tayammum的记载。
The reason for their disagreement is the equivocality found in the word W in the words of the Exalted, “And rub your faces and your hands with some of it (wwta)”.76 This is so as the word min is sometimes used to indicate a part, while at other times it is used to make a distinction between the categories. Those who held that it has been used here to indicate a part, made the transfer of the earth to the limbs of tayammum obligatory. Those who maintained that it indicates a distinction among categories said that transferring it is not obligatory. Al-ShafiT preferred the interpretation implying a part on the basis of the analogy of ablution for tayammum, but this is opposed by the tradition of cAmmar that has preceded, for it contains the words, “then shake it off’, and also the Prophet’s performing tayammum at the wall.
关于 tayammum 中行为次序是否为义务(即是否必须依次进行),以及是否必须立即连续进行(即擦脸与擦双手之间不得间隔),学者们的分歧,与他们在小净(wudu')中的分歧完全相同,其产生分歧的原因也与那里相同;因此,这里无需重复论述。
The disagreement of the jurists about the obligation of a sequential order (of acts) in tayammum, as well as over the obligation of immediate performance (i.e. there should be no interval separating the rubbing of the face and the rubbing of the hands), is exactly the same as their disagreement about it in ablution, and the causes for disagreement there are the causes here; thus there is no point in reiterating them.
3.5. 用于此种净化的材料
^3.5. The Material Used for this Form of Purification
这一问题只涉及一个议题。学者们一致认为,以洁净可耕的土壤进行tayammum是有效的,但在土壤之外、地表所见的其他构成物(如石头)能否用于tayammum上存在分歧。Al-ShaficT认为,tayammum只允许使用纯净的土。Malik及其弟子认为,根据广为人知的观点,tayammum可以用地表上的任何东西进行,包括其所有构成物,如小石子、沙子和泥土。Abu HanTfa在此基础上补充说(即允许),用地所出的各类固体物质亦可,如石灰、砷、石膏、粘土和大理石。其中一些学者(且这是多数)则规定,土壤必须位于地表之上。Ahmad ibn Hanbal则说,tayammum可以用衣物或羊毛上的尘土进行。
This involves a single issue. They agreed about its validity with clean cultivable soil, but disagreed about its performance with what is besides soil from among the constituent parts found on land, like stones. Al-ShaficT held l hat tayammum is not permitted except with pure earth. Malik and his disciples tald that tayammum is permitted, according to the widely known opinion, with whatever is found upon the surface of land with all its constituents, like Pebbles, sand, and earth. Abu HanTfa added to this saying (that it is permitted) w, *h ail kinds of solid matter produced by the earth, like lime, arsenic, Eypsum, clay, and marble. Some of them, and these are the majority, stipulated that the soil must be on the surface of the earth. Ahmad ibn Hanbal said that tayammum may be performed with dust from a garment or from wool.
分歧的原因基于两个因素。第一,阿拉伯语中“sa'īd”一词含有多义性:有时指洁净的土地,有时指地表上的一切构成物,以至于对该词的派生形式“ṣaʿīd”的理解,使马立克及其弟子在一则传述中允许以草和雪进行tayammum;他们说,这些东西在该词的本义上也被称为“ṣaʿīd”,即位于地面之上,但这一论据是薄弱的。
The reason for their disagreement is based upon two factors. First, the equivocality of the term sa<id in the language of the Arabs, as it is sometimes applied to clean earth, and at other times to all the constituents on the surface of land, so much so that the interpretation of the derivatives of this term sah'd led Malik and his disciples to permit it, in one of the narrations, with grass and snow; they said that these are also called saVd in the primary use of the term, that is being upon the surface of the earth, but this argument is weak.
第二个理由在于,在广为流传的那段圣训中,“ard”一词在某些版本中是无限定地使用的,因而可以用于tayammum(干净的土),而在另一些版本中则受到限定。那段圣训是先知(愿主赐予他平安与祝福ﷺ)所说:“大地为我而成为清真寺,也成为洁净之物。”在一些版本中记载的是“大地为我而成为清真寺,也成为洁净之物”,而另一版本则是:“大地为我而成为清真寺,其土壤也成为洁净之物。”法学界对于应当以有限定的文本来解释无限定的文本,还是反过来以无限定的文本来解释有限定的文本,存在分歧。较为人所熟知的观点认为,应以有限定的文本来解释无限定的文本,但这一看法仍有争议。伊本·哈兹姆的观点则是,应以无限定的文本来解释有限定的文本,因为无限定的用词含有额外的意义。那些以有限定的文本来解释无限定文本、并将“ard”理解为土地的人,认为tayammum只能用土进行。而那些以无限定的文本来解释有限定文本、并将“ṣaʿīd”理解为地表上所有之物(包括其组成部分)的人,则允许用沙子和小石子进行tayammum。
The second reason is the unqualified use of the term ard with respect to the permissibility of its use in some versions of the widely known tradition, and its restriction in others. It is the saying of the Prophet (God’s peace and blessings be upon him), “The earth has been made a mosque for me, and a means of purity”. In some versions the words, “The earth has been made a mosque for me, and a means of purity”, have been recorded, while another version reads: “The earth has been made a mosque for me, and its soil a means of purity”. Experts in juristic discourse have differed on whether the qualified term is to be construed as indeterminate or vice versa. The better known opinion in their view is that the indeterminate term is to be construed in terms of the qualified, but this is disputed. The opinion of Ibn Hazm is that the qualified term is to be construed in terms of the indeterminate, as the unqualified term has an additional meaning. Those who construed the unqualified term through the qualified term, and assigned the meaning of earth to clean surface material did not permit tayammum except with earth. Those who construed the qualified term through the unqualified term, and interpreted the term saHd as all that is found on the surface of the earth, including its constituents, permitted tayammum with sand and pebbles.
1.3.6. 使此类净化失效的因素
1.3.6. Factors nullifying this form of purification
关于使这种净化方式失效的因素,法学家们一致认为,tayammum(干净土净法)会被那些使原本的净化(即小净或大净)失效的事物所破坏。他们在两个问题上存在分歧。第一,为履行义务性拜功而产生的意图,若不同于当初用tayammum时所指定的义务性拜功(即义务性的 saldh),是否会使其失效?第二,有水的存在是否会使其失效?
About the factors nullifying this form of purification, the jurists agreed that tayammum is invalidated by things that invalidate the original purification, which is ablution or bathing. They disagreed in this over two issues. First, does the intention of offering an obligatory prayer other than the obligatory saldh that was intended with the tayammum invalidate it? Second, whether the existence of water invalidates it?
1.3.6.1. 问题一:意图另一项义务拜功
1.3.6.1. Issue 1: Intention to perform another obligatory prayer
马立克认为,为第二次拜功所起的意念,会使第一次拜功的洁净失效。其他学者的观点与此相反。这一分歧的基础主要围绕两点。 第一,在至尊者的经文“信士们啊!当你们起来拜功的时候……”中,是否含有省略的文字,即“当你们从睡眠中起来”,或“当你们起来时处于不洁的状态”?主张经文中没有省略文字的人说,经文的表面含义表明,每次拜功都须做小净或土净,但圣行限定了小净的含义,因此土净仍保持原有的规定。然而,不能以此为依据来为马立克辩护,因为马立克认为该经文含有省略的文字,这依据的是他在《穆宛塔》中从载德·本·艾斯兰所传的记载。
Malik maintained that the intention of a second prayer invalidates purification for the first prayer. The views of others are opposed to this. The basis for this disagreement revolves around two things. First, whether in the words of the Exalted, “O ye who believe! When ye rise up for prayer .. ”, there is an implied text, that is, when ye arise from sleep, or when ye arise in an unclean state? Those who maintained that there is no implied text said that the apparent meaning of the verse indicates wudi? or tayammum for each prayer, but the sunna has restricted the meaning for wudu>, so tayammum retains the original rule. It cannot, however, be argued for Malik on the basis of this (argument), because Malik maintains that the verse contains an implied text, according to what he has related from Zayd ibn Aslam in his al-Muwattd*.
第二个理由基于命令随每一拜的礼拜时间的到来而反复出现。这正是马立克的原则所得出的结论,也就是说,这一论据可以为他所主张的观点提供支持,而此问题的讨论已在前文述及。那些认为命令并不反复出现、并且在经文中假设了隐含文本的学者,则不认为打算再做一次拜会使干净土的净化失效。
The second reason is based on the recurrence of the command with the advent of time for each prayer. This is what follows from Malik’s principles, that is, this argument may be adduced on his behalf, and the discussion of this issue has preceded. Those for whom the command does not recur, and they assumed an implied text in the verse, did not uphold that the intention to perform a second salah invalidates tayammum.
1.3.6.2. 问题二:水的存在
1.3.6.2. Issue 2: The existence of water
大多数学者认为,水的存在会使这种净化失效。然而,另有一批法学家坚持认为,其失效仅因发生了小净(哈达斯)。双方分歧的根源在于:水的存在是消除了原已借土净所达到的持续净洁状态,还是只是否定了用土开始净化的行为?主张水的存在只否定以土开始净化的一派认为,它只因小净的发生而失效。主张水的存在使持续净洁失效的一派则认为,它会因此失效。所谓使净化失效的因素(水),其定义即是消除持续净洁状态的事物。
The majority held that the existence of water invalidates this purification. A Stoup of jurists, however, maintained that its invalidation results only from the occurrence of a hadath. The basis of this disagreement is whether the existence of water removes the prevailing purification that was achieved with earth or whether it negates the initiation of purification with it (earth)? Those who Maintained that it negates only the commencement of purification with earth (water being available) said that it is invalidated only by the occurrence of a hadath. Those who maintained that it (availability of water) invalidates the Prevailing purity said that it is invalidated. The definition of the invalidating factor (water) is the eliminator of the prevailing purity.
大多数学者以一段确立的圣训为其观点提供依据,即先知(愿主的赐福与平安降临于他)所说:“大地为我而成为清真寺,并成为洁净的工具,只要找不到水。”由此可以理解,一旦找到水,这种洁净即告终止并解除;也可以理解为,当找到水时,采用这种洁净方式便不再有效。大多数学者最有力的依据来自艾布·赛义德·胡德里的圣训,其中说先知(愿主的赐福与平安降临于他)曾说:“当你们找到水时,就让它接触你们的皮肤。”大多数学者将此处的命令理解为要求立即遵行,不过这也会导向前面提到的那种可能,所以请再思考一下。 沙斐仪接受“水的存在会取消这种洁净”的观点,因此他说,泰耶穆姆实际上并不能解除小净无效(哈达斯),也就是说,它不能产生消除不洁的洁净,只是在存在不洁的情况下允许礼拜。这一看法没有根据,因为真主称之为洁净。马立克的一些门徒支持这一观点,他们说泰耶穆姆并不能解除哈达斯,因为如果它能解除,那么只有哈达斯才能使它失效。回答是:就这种洁净而言,水的存在本身就是一种专属于它的哈达斯,这是依据“水的存在会取消它”的观点而言的。
The majority argued for their opinion on the basis of an established tradition, which is the saying of the Prophet (God’s peace and blessings be u P°n him), “The earth has been made a mosque for me, and a means of Purity, aS long as water is not found”. It is possible to understand from this that as soon as water is found this purification is terminated and removed, while it is also possible to understand it as implying that when water is found n is not valid to undertake this form of purification. The strongest support for the majority comes from the tradition of Abu SaTd al-Khudri, which states that the Prophet (God’s peace and blessings be upon him) said, “When you have found water let it touch your skin”. The command here is interpreted by the majority to indicate immediate compliance, though it also leads to the preceding possibility, so think over it. Al-ShafiTs acceptance, that the existence of water eliminates this purification, led him to say that tajamrcam does not, in fact, remove the hadath, that is, it does not generate purification removing the impurity, it merely has the effect of permitting prayer with the existence of the impurity. This is without foundation, as Allah has called it purification. Some of the disciples of Malik upheld this opinion saying that tayammum does not remove hadath, for had it done so, only a hadath would have invalidated it. The answer is that in the case of this purification the existence of water itself is a sort of hadath specific to it, according to the opinion that the existence of water eliminates it.
1.3.4. 需要以此种洁净方式作为条件的行为
1.3.4. Acts for which this Form of Purification is a Condition
大多数学者一致认为,其有效性或许可性依赖于这种净身方式的行为,是以小净(wudu')为前提的行为,例如礼拜、触摸《古兰经》原本(mushaf)等。他们的分歧在于:以这一次泰耶姆(tayammum)能否合法地礼拜不止一次的(义务)拜功。马立克学派广为人知的观点是:以一次泰耶姆绝不允许礼拜两次义务拜。他的意见在两次补作的拜功上有所不同。众所周知,若两项拜功中一项是义务的、另一项是功修的,且先礼义务拜,则一次泰耶姆即足够;但若先从功修拜开始,则不能以一次泰耶姆完成两者。艾卜·哈尼法认为,以一次泰耶姆礼两次义务拜是允许的。
The majority agreed that acts whose validity or permissibility depends upon this form of purification are those for which ablution (wudi?) is a condition, like prayer, Touching the mushaf, and so on. They disagreed on whether more than one (obligatory) prayer is permissible with it (i.e. with one tayammum)? It is widely known in the Malik’s school that two mandatory prayers are never permitted with it. His opinion differed about two lapsed prayers. It is well- known that one tayammum is enough if one of the two prayers is mandatory and the other is supererogatory, if he prays the mandatory first, but if commences with the supererogatory, he cannot observe them with one tayammum. Abu Hamfa held that it is permitted to observe two mandatory prayers with a single tayammum.
这一分歧的根源在于:每次礼拜是否都必须进行干净土净(tayammum)。其依据或是经文的表面含义,或是命令反复出现所产生的义务,或是二者兼而有之。
The basis for this disagreement is whether tayammum is required for each prayer, either due to the apparent meaning of the verse, or due to the obligation of the recurrence of the command, or due to both.