2.2.4 遮盖私处与祷告时的着装
2.2.4 Covering of Private Parts and the Dress for Prayer
本章分为两部分。第一部分论述遮盖私处(satr al-'awrah),第二部分论述礼拜时允许穿着的服饰种类。
This chapter is divided into two sections. The first is about covering of the private parts (satr al^awrdjy while the second is about the kinds of dress permitted for prayer.
2.2.4.1. 第一节:遮盖私处(awra)
2.2.4.1. Section 1: Covering the awra
法学家们一致认为遮盖私处是绝对的义务,但他们对此是否是拜功有效的条件存在分歧?同样,对于男女各自被称为"羞处"(awra)的身体范围,他们也存在分歧。
The jurists agreed that covering the private parts is an absolute obligation, but they disagreed on whether it is a condition for the validity of prayer? Similarly, they differed about the area of the body, for a woman and a man, that is delineated by the term awra.
2.2.4.1.1. 第一个问题
2.2.4.1.1. Issue 1
在马利克学派中,较为优选的观点是:遮盖(此处身体部位)属于礼拜的逊奈(sunan)之一。艾卜·哈尼法和沙斐仪则认为,遮盖是礼拜有效的前提条件之一。产生这一分歧的原因,在于圣训之间的冲突,以及法学家们对至尊者经文"阿丹的子孙啊!你们在每次礼拜时都要穿戴你们的服饰"({你们在每个礼拜场所都要穿戴你们的服饰})中措辞含义的理解不同:这一命令究竟应理解为义务,还是应理解为推荐。
The preferred opinion in Malik’s school is that it (covering of the this area) is one of the sunan of prayer. Abu Hanlfa and al-Shafi T said that c it is one of the prerequisites of the validity of prayer. The reason for disagreement over this stems from the conflict of traditions and the differences among the jurists in their understanding of the meaning of the words of the Exalted, “O Children of Adam! Look to [take] your adornment at every place of worship”,103 whether the prescription is to be construed as an obligation or a recommendation.
那些将其理解为义务的人说,经文隐含的意思是遮盖羞处(<awra)。他们以该节经文的降示背景为据:当时有一名妇女裸身绕天房(Ka<ba)进行环行,于是经文降示,"安拉的使者ﷺ下令,从此不许任何多神教徒参加朝觐,也不许任何人裸身进行环行"。那些将其理解为劝勉(recommendation)的人说,经文所提到的装饰,指的是衣着的外在形式,或构成装饰的其他衣物。他们以一段传述为据:有些男子与先知ﷺ一同礼拜时,把披巾系在脖子上,如同给孩子那样;因此女性被嘱咐不要在俯伏时抬头,直到男子们坐直起来。他们还补充说,正因为如此,对于找不到任何东西遮体的人是否应当礼拜,学者们没有分歧;而对于无法净身的人是否可以礼拜,则存在分歧。
Those who interpreted it as an obligation said that the implied meaning is the covering of the <awra. They argued for this on the basis of the context of the revelation of the verse that a woman used to circumambulate the Ka<ba naked, so the verse was revealed and “the Messenger of Allah issued the command that from then on no polytheist be allowed to perform the pilgrimage, nor was anyone to make the circumambulation naked”. Those who interpreted it to convey a recommendation said that the adornment mentioned is the external form of the dress or other clothes that constitute adornment. They argued for this on the basis of what is laid down in a tradition that some men used to join the Prophet in prayer with their wrappers tied to their necks, as is done for children, and the women were, therefore, advised not to raise their heads (from the sujud) till the men straightened up into the sitting posture. They added that it was for this reason that there was no disagreement about whether a person who could not find anything to cover himself should pray, but there was a disagreement about one who could not purify himself whether he could pray.
2.2.4.1.2. 问题2
2.2.4.1.2. Issue 2
第二个问题涉及男性的羞部('awra)的界定。马立克和沙斐仪说,男性的羞部从肚脐延伸到膝盖。这也是艾卜·哈尼法的观点。一群法学家则认为,羞部仅包括私处(男性生殖器和后门)。他们之间分歧的原因在于两则圣训的冲突,而两则都是真实可靠的。第一则是哲哈德的圣训,安拉的使者ﷺ说:"大腿是羞部的一部分。"第二则是艾奈斯的圣训,即"安拉的使者ﷺ(曾经)在与他的同伴们坐着时露出了他的大腿"。这则圣训由布哈里记录。艾奈斯的圣训传述链更强,而哲哈德的圣训则更为稳妥。一些法学家认为,羞部包括臀部、生殖器和大腿。
The second issue is about the delineation of the <-awra in the case of men. Malik and al-Shafi T said that c the 'awra in his case extends from the navel to the knees. This was also Abu HanTfa’s opinion. A group of jurists maintained that the 'awra comprises the private parts alone (the male sex organ and the rear exit). The reason for their disagreement stems from the conflict of two traditions, and both are authentic. The first is the tradition of Jarhad that the Messenger of Allah (God’s peace and blessings be upon him) said, “The thighs are part of the ^awray\ The second is Anas’s tradition “that the Messenger of Allah (once) uncovered his thighs while he was sitting with his Companions”. It is recorded by al-Bukhari. Anas’s tradition has a stronger chain, while the Jarhad’s tradition is on the safer side. Some of the jurists have said that the awra comprises the buttocks, genitals, and the thighs.
2.2.4.1.3. 第三个问题
2.2.4.1.3. Issue 3
第三个问题涉及女性“私处”(’awra)的范围。大多数法学家认为,女性的整个身体都是“awra”,唯独脸和手除外。艾卜·哈尼法认为,女性的双脚不属于“awra”。艾卜·伯克尔·本·阿卜杜·拉赫曼和艾哈迈德则说,女性的整个身体都是“awra”。
The third issue relates to the limits of the 'awra in the case of a woman. Most of the jurists maintained that her entire body constitutes can?r^, except for the face and the hands. Abu HanTfa maintained that her feet are not a part of the <awra. Abu Bakr ibn <Abd al-Rahman and Ahmad said that her entire body is c awra.
他们产生分歧的原因,在于至尊者的话语“除非是她们自然显露的部分,才可以显露她们的饰物”({除了其中显露的部分})的可能含义:所得的例外,是指specific规定的部位,还是指那些她无法不显露(在活动时)的部位? 主张例外仅限于女子在行动时无法不显露的部分的人说,女子的整个身体都是'awra(私处),甚至包括背部。他们的依据是至尊者的话语的一般含义:“先知啊!你要告诉你的妻子、你的女儿和信士的妇女,让她们把外衣拉下来遮住自己。这样她们便容易被认出,也就不会受到伤害。”({你要告诉你的妻子、你的女儿和信士的妇女,让她们把外衣拉下来遮住自己}) 主张例外是指习惯上不遮盖的部分,即脸和手的人说,这些部位不属于'awra。他们进一步的依据是:女子在朝觐时不遮盖脸部。
The reason for their disagreement is based on the possible interpretations of the words of the Exalted, “And to display of their adornment only that which is apparent”, that is whether the exemption relates to defined parts or to those parts that she cannot (help but) display? Those who maintained that the intended exemption is only for those parts that she cannot help but display while moving, said that her entire body is <an>ra, even her back. They argued for this on the basis of the general implication of the words of the Exalted, “O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them. That will make them recognizable and they will not be exposed to harm”.105 Those who held that the intended exemption is for what is customarily not covered, that is, the face and the hands, said that these are not included in the 'awra. They (further) argued for i this on the grounds that a woman does not cover her face during hajj.
2.4 2 第2节 礼拜时允许穿的服饰
2. 2.4 2 Section 2\ The dress permitted for prayer
"这些是至高者的话语:'亚当的子孙啊!你们每逢礼拜之处都要穿戴你们的服饰。'同时也有关于礼拜时某些穿着方式被禁止的规定,即用衣服垫在头下作为支撑,或者把自己裹在一块布里(两端交叉),而肩膀上没有任何遮盖,或者把自己裹在一件衣服里,而私处没有任何遮盖。关于这些方式所制定的一切规定,其目的都是为了杜绝导致私处暴露的途径。我不知道有谁说过,只要不露出私处,在这些穿着方式中礼拜就不被允许。然而,按照扎希尔学派的原则,这反而是必须的。" 他们一致认为,一个人穿单件衣服礼拜是被允许的,依据是先知(愿真主赐福并使他平安)ﷺ被问到:"一个人可以只穿一件衣服礼拜吗?"他说:"你们每个人都有两件衣服吗?" 他们对于一个人礼拜时背部和肚脐以上的前身都裸露的情况存在分歧。多数学者主张这种礼拜是被允许的,因为背部和胸部对男性而言不属于私处('awra)。有一派法学家持不同意见,认为这种礼拜是不被允许的,依据是先知ﷺ禁止一个人礼拜时肩上没有任何衣服覆盖。他们还引用了至高者的话语:"亚当的子孙啊!你们每逢礼拜之处都要穿戴你们的服饰。"107
"These are the words of the Exalted, 'O Children of Adam! Take your adornment at every place of worship,' along with the prohibition of certain forms of dress in prayer, that is, to use a garment as a support for the head, or to wrap oneself in a single piece of cloth (with the ends crossed) without there being anything covering the shoulders, or to wrap himself in a single garment without anything covering the private parts. All prescriptions laid down about them are as their aim the prevention of the means that lead to the uncovering of the private parts, and I do not know of anyone who said that prayer is not permitted in any of these forms of dress so long as it is uncovered. This, however, would be obligatory according to the principles of the Zahrites." They agreed that a man is permitted to pray in a single dress, because of the saying of the Prophet (God’s peace and blessings be upon him) when he was asked: “Can a man pray in a single garment?” He said, “Do all of you have two garments?” They disagreed about the case of a man praying with his back and the front part above the navel uncovered. The majority uphold the permission of such prayer, as the back and the chest are not part of the ^awra for a man. A group of jurists deviated and said that his prayer is not permitted, because of the proscription from the Prophet (God’s peace and blessings be upon him) about the prayer of a man with nothing of his dress on his shoulders. They also relied upon the words of the Exalted, “O Children of Adam! Take your adornment at every place of worship”.107
大多数学者一致认为,妇女礼拜时允许穿的服饰是(长)衫和盖头。依据是乌姆·赛俩麦(愿真主喜悦她)所传:她曾问先知ﷺ:“妇女应当穿什么衣服礼拜?”他说:“穿盖头和宽松的长衣,遮住脚背的上部。”此外,阿伊莎(愿真主喜悦她)传述,先知ﷺ说:“真主不接受成年妇女的礼拜,除非她戴着盖头。”阿伊莎、买蒙纳和乌姆·赛俩麦(愿真主喜悦她们)也有此传述,她们并据此作出教法裁决。所有法学家都说,如果妇女不遮盖身体而礼拜,她在发觉自己的过错后,应当重新礼拜,无论是在规定的时间之内还是之后;只是马立克曾说,她只需在规定的时间之内重新礼拜。
The majority agreed that the dress permissible for a woman in prayer is a (long) shirt and a veil, because of w’hat is related from Umm Salama “that she asked the Prophet (God’s peace and blessings be upon him), Tn what kind of dress should a woman pray?’ He said, Tn a veil and a long and loose-fitting garment that covers the upper part of her feet’”. Further, it is related from c A5isha from the Prophet (God’s peace and blessings be upon him) that he said, “Allah does not accept the pubescent woman’s prayer, unless she wears a veil”. It is also related from cA5isha, Maymuna, and Umm Salama, and they used to issue verdicts accordingly. All jurists say that if she prays without a covering, she is to repeat her prayer (when she realizes her error) either within its prescribed time or later, except that Malik used to say that she is to repeat it only in its prescribed time.
大多数学者认为,女奴在祷告时头部和脚可以不遮盖,但哈桑·巴士里认为她有义务戴面纱,而阿塔厄则认为这是值得推荐的。分歧的原因在于:针对某一类人(性别)的法律性表述,是否既包括自由人也包括奴隶,还是只包括自由人而排除奴隶?
The majority maintained that a slave-girl may pray with her head and fee uncovered, but al-Hasan al-Basri deemed it obligatory for her to use the veil while cAta5 deemed it recommended. The reason for disagreement lies in the question of whether a (legal) communication addressed to either category o persons (sex) includes those who are free as well as those in bondage, oi whether it includes only the free to the exclusion of slaves?
他们曾就一个人身穿丝绸衣服礼拜的情况产生分歧。一群法学家认为,他在穿着丝绸时的礼拜是有效的(尽管被禁止),而另一群人则认为无效。第三群人主张应当在规定的时间内重新礼拜(不穿丝绸衣服)。分歧的原因在于:避免绝对被禁止之物,是否是礼拜有效的条件?主张这是条件的人说,穿着丝绸礼拜是不允许的(即无效);而认为他因所穿衣服而犯罪,但其礼拜是允许的人则说,这并非礼拜有效的条件,不像洁净那样是条件。这一问题与在非法占用的财产中礼拜的问题性质相同,关于后者的争议广为人知。
They disagreed about the case of a man praying while dressed in a silker garment. A group of jurists said that his prayer in it is valid (thougl prohibited), while another group said it is not. A third group recommendec repeating the prayer in its prescribed time (without the silk dress). The reasoi for disagreement is over the question of whether avoidance of a thin^ prohibited absolutely is a condition for the validity of prayer? Those whe maintained that it is a condition said that prayer in it is not permitted (no: valid), while those who maintained that he commits a sin because of his dress but his prayer is permissible said that it is not a condition for the validity o prayer unlike purification, which is a condition. This issue is of the sam< nature as that of prayer in usurped property, dispute over which is wideh known.