大多数关于istinja*及进入厕所（privy）的律例，法学家都将其解释为推荐性的（nadb）。这些律例为人所知，源自圣训（Sunna），包括：在大小便时寻找偏僻之处——依本派的观点而言——不说话，禁止用右手进行istinja*，不用右手触摸私处，以及圣训中所规定的其他律例。

The majority of the ahkdm of istinja* and of visiting the privy are interpreted Y the jurists as a recommendation (nadb). These are known through the SUnna, and include seeking a remote place when answering the call of nature—according to the opinion in the school—refraining from speech, the prohibition of performing istinjd* with the right hand, not touching the genitals with the right hand, and others besides these that have been laid down in the traditions.

他们在一个广为人知的问题上存在分歧，即在大小便时面对或背对禁地（qibla）的问题。法学家对此有三种观点。第一种认为，无论是在厕所还是在其他任何地方，大小便时面向禁地都是绝对不允许的。第二种认为这是绝对允许的。第三种认为，在城镇和村落之内是允许的，但在沙漠或城镇村落之外的地方则不允许。

They disagreed about one widely known issue and that is the facing of the qibla or turning the back to it while relieving oneself or urinating. The jurists have three opinions about it. First, that it is not permitted at all to face the qibla while relieving oneself, whether in the privy or at any other location. Second, that this is permitted absolutely. Third, that it is permitted within settlements and townships, but not in the desert or places other than settlements and towns.

他们分歧的原因在于两则已确立但相互冲突的圣训。第一则是来自Abu Ayyub al-Ansan的圣训，据传先知ﷺ曾说："你们进入厕所时，不要面向克尔白，也不要背对它，而应转向东方或西方。"83 第二则是转述自ʿAbd Allah ibn ʿUmar的圣训，他说："我登上我姐姐Hafsa的房顶，看见安拉的使者ﷺ站在两块砖上解手，他的脸朝向叙利亚，背朝向克尔白。"

The reason for their disagreement are two established but conflicting traditions. First is the tradition of Abu Ayyub al-Ansan in which the Prophet (God’s peace and blessings be upon him) is reported to have said, “When you visit the privy, do not face the qibla or turn your back toward it, but turn toward the east or the west”.83 The second tradition is related from cAbd Allah ibn TJmar, who said, “I ascended the roof of my sister Hafsa’s house and saw the Messenger of Allah (God’s peace and blessings be upon him) on top of two bricks, answering the call of nature, with his face toward Syria and his back toward the qibla”.

法学家们对这两则圣训的理解分为三种观点。第一种观点基于调和的方法，第二种基于取舍的方法，第三种是在两则圣训相互冲突时回归原始的许可（即"原始许可"，阿拉伯语 bara'a asliyya）。我所说的原始许可，是指不存在任何判定（hukm）的状态。

The jurists are divided over these two traditions into three opinions. The first opinion is based upon the method of reconciliation, the second on the method of preference, and the third is the method of resorting to the original permission when there is a conflict. I mean by original permission (bar£a asliya), the absence of a hukm.

那些采用调和之法的学者，将阿布·阿尤布·安萨里的圣训解释为指旷野（空旷之地，没有遮蔽物）的情况，而将伊本·欧麦尔的圣训解释为存在遮蔽物的情况。这是马立克的观点。

Those who adopted the method of reconciliation construed the tradition of Abu Ayyub al-AnsarT to relate to the desert (open spaces), when there is no cover, and construed the tradition of Ibn TJmar to relate to the existence of a cover. This is Malik’s opinion.

那些采用"选择法"（tarjīḥ）的学者，选择了Abu Ayyub的圣训。因为当两段圣训相互冲突时，其中一段规定了某项律例，另一段则符合一般原则，即在此处为"没有律例"（ḥukm）的状态，而又不知道二者在时间上哪一个在先，那么就必须采纳规定了律例的那段圣训。之所以有义务依照其中一段圣训行事，而舍弃另一段，尽管另一段同样由可靠的传述人传述，并且尽管二者中有可能一段较晚、另一段较早，原因在于：面对一个强加废止（naskh）的推测，而我们并没有相应的依据，我们不得放弃一条必须作为义务而遵行的律例，除非有传述表明这段圣训是较晚的。 用于确定律例（即强加律例或撤销律例）的或然性，仅限于由法律所界定的范围。而且，并非所有可以被认同的或然性都被接受。因此，他们说，行动的义务不是由或然的确信所强加的，而是由确定的规则所强加的；他们所指的，是存在一条确定的规则，使依照某种或然性行事成为义务。

Those who adopted the method of preference, preferred the tradition of Abu Ayyub, for in case of conflict of two traditions, one prescribing a law and the other conforming to the general principle, which in this case is the absence of a hukm, and it is not known which one precedes the other in time, it is necessary to adopt the tradition that lays down a law. The reason for being obliged to act according to one tradition that has been transmitted by reliable narrators and to relinquish the other, although it has also been reported by reliable narrators, and despite the possibility that one of them was later than the other or it was laid down before it, is that we are not permitted to relinquish a law that must be acted upon as an obligation in the face of a conjecture imposing an abrogation for which we have no authority, unless it has been related that this tradition was later. The probabilities that are relied upon for the ahkam, that is, those that impose the ahkam or withdraw them, are limited by the law. Moreover, not every probability that may be agreed upon is accepted. Thus, they say that the liability to act is not imposed by probable conviction, but is imposed by a definitive rule, they mean by it the existence of a definitive rule that makes it obligatory to act according to a probability.

这就是阿布·穆罕默德·伊本·哈兹姆·安达卢西所采用的方法。这是一种基于教法推理原则的优秀方法,它依据的规则是:疑惑不能推翻已经由法律依据所确立的事物。那些在冲突时采用回归本源原则方法的人,则将其建立在“疑惑会终止并撤销判决”的规则之上,仿佛根本没有判决一样。这就是达乌德·宰希里的方法,但伊本·哈兹姆在这一问题上反对他,尽管他是达乌德的追随者之一。

This method that we have described is the method of Abu Muhammad ibn Hazm al-AndalusL This is an excellent method based on the principles of juristic reasoning, and it relies on the rule that doubt cannot remove what has been established by an evidence from the law. Those who adopted the method of recourse to the underlying principle in case of conflict have erected it on the rule that doubt terminates the hukm and withdraws it, and it is as if there is no rule. This is the method of Dawud al-Zahiri, but Abu Muhammad ibn Hazm opposed him on this issue, even though he is one of his followers.

卡迪(伊本·鲁世德)说:“这便是我们在本书中所要确立的内容,即从我们认为属于原则范畴的问题中,那些在教法中出现得更为频繁的问题;也就是说,其中大多数与教法明文规定的问题相关,或直接相关,或内在相关。凡我们想起此类内容,便在本书中予以考证。至于归于各家学说的观点,我所依据的大部分来自《Istidhkar》一书。若有人发现我的错误,我允许(并请求)他予以指正。唯有安拉赐予援助与成功。”

The QadT (Ibn Rushd) said, “This is what we sought to establish in this book from the issues we thought take the course of principles, and these are what have been expressed more often in the law, that is, most of them relate to issues expressly stated in the law, either directly or inherently. When we remember anything of this nature, we verify it in this book. Most of what I have relied upon, with respect to attributing opinions to their authors, is from Kitab al-Istidhkar^ and I permit (request) whosoever finds errors on my part to correct them. It is Allah Who grants help and success.”