第8章 i'tikāf(清修)之书
8 THE BOOK OF FTIKAF (SECLUSION IN A MOSQUE
根据教法,i'tikāf(闭关)是被推荐的;若以誓愿承担,则成为必须履行的义务。对此并无争议,只有马利克(Malik)传述的一种说法除外:据传他不赞成在担心无法满足其条件的情况下进行闭关。闭关在斋月中比其他时间更有优越性,尤其是在斋月的最后十天,因为先知ﷺ最后一次闭关正是在那段时间。闭关通常包括特定的功课、特定的地点、特定的时间、特定的条件以及特定的戒除事项。
Ftikif is recommended in the law and is obligatory after a vow. There is no dispute about this, except what is related from Malik that he disapproved undertaking it under the apprehension that its conditions would not be met. It has greater merit in Ramadan than at other times, especially during its last ten days, as that was when the last iHikaf of the Prophet (God’s peace and blessings be upon him) took place. It generally consists of specific tasks, at a specific location, at a particular time, with special conditions, and with specific kinds of abstention.
关于其中特有的功课,存在两种观点。一种观点认为,祈祷、心中与口头的赞念安拉,以及诵读《古兰经》,是虔诚与亲近安拉所必需的唯一功课。这是伊本·嘎西姆的观点。另一种观点认为,它包括一切为寻求亲近安拉、为虔诚而必需、且属于后世的功课。这是伊本·瓦哈卜的观点。依据此观点,修行者可以参加葬礼、探望病人、从事学习,而依据第一种观点则不可。这也是赛written里(al-Thawri)的观点,而第一种观点则是沙斐仪和艾布·哈尼法的观点。
There are two opinions about the acts that are specific to it. It is said that prayer, remembrance of Allah [by heart and by tongue], and the recitation of the Qur’an are the only acts required for piety and nearness to Allah. This is the opinion of Ibn al-Qasim. It is also said that it includes all the acts required for seeking nearness to Allah and for piety and that are specific to the hereafter. This is the opinion of Ibn Wahb. In accordance with this opinion the worshipper may attend funerals, visit the sick, and be engaged in studies, but not in accordance with the first opinion. This is also the opinion of al- Thawri, while the first is the opinion of a!-Shafi T and Abu HanTfa.
他们产生分歧的原因在于,这一问题法律上没有明文规定,也就是说,法律并未对其作出具体界定。那些把“i'tikaf”理解为将自己奉献于专属于清真寺的行为的人认为,蒙准备(Mu'takif,即入住清真寺静修的人)只允许祷告和诵读。那些把它理解为将自己奉献于一切寻求灵性亲近之行为的人,则允许他进行我们前面提到的其他行为。 据传,阿里(愿真主喜悦他)曾说:“入住清真寺静修的人,不应做淫秽之事,也不应互相辱骂;他应参加主麻日的聚礼,也应参加葬礼;如有需要,他可以与家人交流,但应站着交谈,而不是坐着。”此言由阿卜杜·拉扎格转述。而与此相反的说法则传自阿伊莎,即静修者的逊奈是不参加葬礼,也不探望病人。这也是导致对其含义产生分歧的因素之一。
The reason for their disagreement is that this is something not expressed in the law, that is, there are no legal definitions laid down for it. Those who understood ihikaf to mean the dedication of the self to acts that are specific to mosques said that only prayer and recitation are permitted to the muStakif (person retiring to the mosque). Those who understood it to mean the devotion of the self to all acts seeking spiritual nearness permitted him to engage in other acts that we have mentioned. It is related from CA1T (God be pleased with him) that he said, “The person who retires to a mosque is not to indulge in obscenities or exchange abuses, he is to attend the Friday congregation prayer as well as funerals, he is to communicate with his family members if the need arises, but he is to do this while standing and not seated”. This has been mentioned by cAbd al-Razzaq. The opposite of this has been related from cA’isha, which is that the sunna for the mt/ta&fis not to attend funerals or visit the. sick. This is also one of the factors that led to a disagreement over its meaning.
他们对于应当在哪些地方进行large i'tikāf(伊disk'tikāf)存在分歧。一派法学家认为,伊disk'tikāf只能在三座清真寺中进行:安拉的殿(马斯吉德·哈兰,麦加)、耶路撒冷的清真寺,以及先知穆罕默德ﷺ的清真寺(麦地那)。这是胡宰method和赛义德·本·穆萨雅布的观点。另一些人则认为伊disk'tikāf不受限制,在所有清真寺中都可以进行,这是沙斐仪、艾卜·哈尼法和萨乌里的观点,也是马立克的著名观点。还有一些法学家认为,只有在举行星期五集体礼拜的清真寺中才可以进行伊disk'tikāf,这是伊本·阿卜杜勒·哈凯姆根据马立克所传的说法。然而,他们一致认为,进行伊disk'tikāf的条件是必须在清真寺中进行,唯有伊本·鲁巴巴所传的一种说法除外,即在清真寺以外的地方也有效。他们还一致认为,闭关者若在清真寺中闭关,禁止与妇女发生性关系。不过,艾卜·哈尼法认为,妇女可以在自家的礼拜场所进行伊disk'tikāf。
They disagreed about the locations at which i'tikdf is to be practised. One group of jurists said that there is no Ftikdf, except in three mosques: the House of Allah (al-Masjid al-Haram, Mecca), the mosque at Jerusalem, and the mosque of the Prophet (God’s peace and blessings be upon him) at Medina. This was the opinion of Hudhayfa and SacTd ibn al-Musayyab. Others maintained that fitikaf is unrestricted, and can be undertaken in all mosques. This was the opinion of al-Shafi T, Abu HanTfa, and al-ThawrT, and c it is the well-known opinion from Malik. Some other jurists said that there is no frikaf except in a mosque where the Friday congregational prayers are held. This is a narration by Ibn <Abd al-Hakam from Malik. All of them agreed, however, that a condition for Ptikdf is that it be undertaken in a mosque, except what is related from Ibn Lubaba that it is valid in places other than the mosque. They also agreed that intercourse with women is prohibited for the muStakif if he retires to a mosque. Abu HanTfa, however, maintained that a woman is to undertake MWf in the place of worship in her house.
他们之间产生分歧的原因,在于对至高者的话语“当你们在清真寺里闭关时,不要与她们行房”中的理解存在不同的可能性,即这里是否包含经文的暗示之义。认为经文含有暗示之义的人说,i'tikaf(闭关)只能在清真寺中进行,而闭关的条件之一是避免房事。认为经文没有(间接的)暗示之义的人说,这里的意思是,在没有禁止房事的其他场所,也允许闭关,因为如果有人说“你不要给某某人任何东西,当他在房子里的时候”,那么经文的间接含义是:当他在房子外面时,就应当给他那东西。然而,这是一种偏离的观点,多数学者认为,闭关已与清真寺相联系,因为清真寺是闭关的条件之一。
The reason for their disagreement over the stipulation of a mosque or the dropping of this stipulation stem from the probabilities of interpretation in the words of the Exalted, “And touch them not while you are undertaking iStikdf in the mosques”,233 as to whether there is an indication of the text here. Those who maintained that there is an indication of the text said that there is no iStikdf, except in a mosque, and a condition of the ftikdfh the avoidance of intercourse. Those who maintained that there is no (indirect) indication of the text said that the meaning here is that Ftikdf is permitted in places other than the mosque where there is no restriction upon intercourse, because if one were to say, “Do not give such and such person anything while he is inside the house”, the (indirect) implication of the text would be that he be given the thing if he is outside the house. It is, however, a deviant opinion, and the majority held that mosques have been associated with iStikdf as that is one of its conditions.
他们在i'tikaf是否只能限定于某些清真寺上存在分歧,原因在于一般含义与限定它的类比之间的冲突。主张一般含义者认为,根据经文的表面含义,i'tikaf在所有清真寺中都是有效的。而通过类比将其限定于某些清真寺的人,则认为应当在举行主麻拜的清真寺中进行,以免i'tikaf者因外出参加主麻拜而中断专心修行;或者应当是三座被视为朝圣之旅为善功的清真寺之一,即先知ﷺ进行i'tikaf的清真寺。他们没有将这一限定类比推广到其余清真寺,因为这些清真寺在圣洁程度上并不相同。
The reason for their disagreement about restricting or not restricting it to some mosques arises from the conflict of the general meaning with analogy that restricts it. Those who preferred the general implication said that it is valid in all mosques according to the apparent meaning of the verse. Those who subjected it to restriction through analogy specifying some mosques included in the general meaning, stipulated that it be in a mosque where Friday prayers are held so that the muHakifs devotion is not interrupted by going out for the Friday prayer, or that it should be one of the three mosques to which journeying is a pious act, like the mosque of the Prophet (God’s peace and blessings be upon him) where his ftikaf was undertaken.234 They did not extend it by analogy to the remaining mosques because they are not equal in terms of their sanctity.
女性进行i'tikaf时存在分歧的原因,也源于类比与一则圣训之间的冲突。已确定的是,哈芙赛、阿伊莎和宰奈卜(贾哈史之女)这几位先知(愿主赐福他并使他平安)的妻子,曾向安拉的使者(愿主赐福他并使他平安)请求允许在清真寺中进行i'tikaf,他允许了她们,之后她们便在清真寺中搭起了帐幕。这则圣训证明女性在清真寺中进行i'tikaf是被允许的。与之相冲突的类比,是从拜功推出的类比:根据一段传述,女性在家中的拜功优于在清真寺中的拜功,因此她在自己房间中进行i'tikaf应当更为可取。另一些学者则认为,女性只有在与丈夫同行的情况下才可以在清真寺中进行i'tikaf,其方式与先知(愿主赐福他并使他平安)的妻子们与他一同进行i'tikaf的方式相同,正如妻子只能与丈夫同行旅行,而不能独自前往。这似乎是对圣训与类比之间的一种调和。
The reason for their disagreement over the Ftikdf undertaken by a woman also arises from the conflict of analogy with'a'tradition. It is established that Hafsa, ^Visha, and Zaynab (bint Jash) the wives of the Prophet (God’s peace and blessings be upon him) sought permission from the Messenger of Allah (God’s peace and blessings be upon him) for fitikaf in the mosque, he permitted them after which they set up their curtained spaces in it. This tradition is an evidence for the permissibility of a woman’s fitikdf in the mosque. The analogy that conflicts with this is the one constructed from prayer. As the prayer of a woman in her residence [or house] is better than her prayer in the mosque, as is laid down in a report, it is necessary that her iHikdfbc preferable in her room. They said that it is permitted for a woman to undertake i'-tikdfxn a mosque only with her husband in the manner that has been described about the i'tikdf of the wives of the Prophet (God’s peace and blessings be upon him) with him, just as a wife is to travel only with her husband and not alone. It appears to be a kind of reconciliation between the tradition and analogy.
在他们看来,i'tikaf的最长时间并没有限制,尽管所有人都认为它在斋月最后十天更为优越。因此,永久的i'tikaf是被允许的:对于那些不认为斋戒是其条件之一的人来说,它没有任何限定;对于那些认为斋戒是其条件之一的人来说,则可在不禁止斋戒的日子里进行。
There is no limit, in their view, for the maximum amount of time to be assigned for f-tikafy even though all of them consider it as having greater merit during the last ten days of Ramadan. Thus; perpetual fyikdf is permitted, either without qualifications by those who do not consider fasting to be one of its conditions, or for days other than those in which fasting is not allowed in the view of those who consider fasting, to be one of its conditions.
他们对其最短时限存在分歧。同样,他们对闭关者开始闭关的时间以及结束闭关的时间也存在分歧。在al-Shafici、Abu Harnfa和大多数法学家看来,闭关的最短时长并无限制。马立克有不同的说法:一说是三天,一说是一日一夜。Ibn al-Qasim转述他的观点说,最短为十天。他在巴格达的弟子则说,十天是可取的,但最短为一日一夜。
They disagreed' over the minimum time-limit for it. Likewise, they disagreed about the time when the muHakif commences his ftikaf and about the time when he terminates it. There is no limit for the minimum duration of the iHikdf in the view of al-Shafici, Abu Harnfa, and the majority of the jurists. There are different views from Malik. It is said it is three days, and it is said that it is one day and a night. Ibn al-Qasim has related from him that the minimum is ten days. His disciples from Baghdad said that ten days is desirable, but the minimum is one day and one night.
他们之间产生分歧的原因,在于类比与一段圣训相冲突。类比的内容是:那些认为斋戒是闭关(i'tikaf)条件之一的人说,闭关在夜间是不被允许的;既然夜间不被允许,那么闭关就不可能少于一昼夜,因为斋戒的意图必须在夜间确立。与之相反的圣训由布哈里记载:欧麦尔(愿真主喜悦他)曾发愿在清真寺闭关一夜,先知ﷺ命令他履行自己的誓愿。在有确凿圣训作为依据的观点面前,仅凭推理是没有意义的。
The reason for their disagreement stems from the conflict of analogy with a tradition. The analogy is that those who considered fasting to be one of its conditions said that fitikdf is not permitted during the night, and if it is not permitted during the night, then, it cannot be for less than a day and a night, for the forming of intention for the fast has to be during the night. The tradition opposing it is recorded by al-Bukhari that “Umar, may Allah be pleased with him, made a vow for undertaking Ftikaf for a night. The Messenger of Allah (God’s peace and blessings be upon him) ordered" him to abide by his vow”. Reasoning in the face of an opinion based upon an established tradition is meaningless.
关于进入私居(i'tikaf)的时间,学者们存在分歧:如果某人发愿进行一个确定天数或一天的私居,马立克、沙斐仪和艾卜·哈尼法一致认为,发愿进行一个月私居的人应在日落前进入清真寺。至于发愿进行一天私居的人,沙斐仪认为,打算进行一天私居的人应在黎明前进入清真寺,并应在日落后出来。马立克的观点是,无论是一天还是一个月,都完全相同。祖法尔和莱斯认为,他应在黎明前进入;无论是一天还是一个月,对他们而言都是相同的。艾布·save
With respect to their disagreement about the time when the mu^takif is to commence his i^tikaf, if he has made a vow for a determined number of days or for one day, Malik, al-Shafici, and Abu HanTfa agreed that the person who has made a vow for an faikaf of one month must enter the mosque before sunset. About the person who has made a vow for one day al-Shafi i c said that the person who intends to undertake ftikaf for one day should enter the mosque before dawn and should come out after sunset. Malik’s opinion is exactly the same whether it is for one day and for one month. Zufar and al- Layth said that he is to enter before dawn; but whether for one day or one month for them it is the same. Abu Thawr made a distinction between vows made for the night and those for the day. He said: “If he makes a vow that he will undertake iHikaf for ten days, he should enter before dawn, but if he makes a vow for ten nights he should enter before sunset”. Al-AwzaT said that he should commence the i'tikdf after the morning prayer.
他们分歧的原因,源于各种类比之间的冲突,以及某一段圣训与所有这些类比之间的冲突。这是因为:认为一个月始于夜晚、并把夜晚纳入考虑的人,说它应在太阳落下之前开始;不把夜晚纳入考虑的人,说它应在黎明之前开始。认为"yawm"一词同时指夜与昼的人,规定如果誓言针对一个"yawm",则应在日落之前开始。认为该词仅指白昼的人,则规定应在黎明之前开始。认为"yawm"指白昼、"layl"指夜晚的人,则区分针对夜晚所立的誓言和针对白昼所立的誓言。事实是:阿拉伯人的用法中,"yawm"一词有时单指白昼,有时指昼夜合在一起,但它看来主要专指白昼,而包含夜晚只是随之而来的引申意义。
The reason for their disagreement emanates from .the conflict of analogies, some w ith the others, and the conflict of a tradition with all of them. This is so as those who thought that a month begins with a night, and they took into consideration the nights, said that he is to begin before the disappearance of the sun. Those who did hot take the nights into account said that he is to enter before dawn. Those who said that the term yawm is applied to mean both night and day together made it obligatory that if the vow is for a yawm he should enter prior to sunset. Those who maintained that this term is applied to mean day made the entry before dawn obligatory. Those who said that the term yawm is applicable to the day and the term layl to night made a distinction between vows made for the night and those made for the day. The truth is that the term yawm in the usage of the Arabs is sometimes applied to day alone and sometimes to the day and the night together, but it appears that its primary application is specific for the day, and its implication for the night is consequential.
与所有这些类比相反的传述,是布哈里以及其他辑录圣训真本的学者记载的,来自阿伊莎的话:她说,“安拉的使者(愿主的赞颂与慰安降于他)在斋月中进行埋头苦修(i'tikaf),他在晨礼后便进入他进行埋头苦修的地方。”ﷺ
The tradition that opposes all these analogies is what is recorded by al- Bukhari and other compilers of the sahih traditions from (A5isha, who said, “The Messenger of Allah (God’s peace and blessings be upon him) used to undertake filikaf during Ramadan, and after observing the morning prayer he would enter the place where is undertook ftikaf*.
关于从i'tikaf中出来的时间,马立克认为,在斋月最后十天进行i'tikaf的人,应当在开斋节礼拜时离开清真寺,这是可取的;但如果他在(最后一天的)日落之后才出来,他的行为仍然有效。沙斐仪和艾布·哈尼法说,他应当在日落之后出来。萨赫农和伊本·马季舒恩说,如果他在晨礼之前先回家,他的i'tikaf即告无效。分歧的原因在于,剩下的那一夜是否计入十天之内。 i'tikaf的条件有三项:意图、斋戒,以及避免与女性交往。据我所知,关于意图一项并无分歧。他们在斋戒一项上存在分歧。马立克、艾布·哈尼法和一群法学家认为,没有斋戒就没有i'tikaf;而沙斐仪则认为,不斋戒也可以进行i'tikaf。与马立克的观点相近的意见,由伊本·欧麦尔和伊本·阿拔斯在圣门弟子中有所表达(但存在一些争议);与沙斐仪的观点相近的意见,则由伊本·麦斯欧德和阿里表达。他们分歧的原因在于:"先知ﷺ的i'tikaf是在斋月中进行的"。那些主张伴随其i'tikaf的斋戒是i'tikaf条件的人,即便当时斋戒并非因此而遵守,也说斋戒是i'tikaf的必要条件。那些认为这只是一种偶然巧合、并不意味着先知ﷺ进行i'tikaf的目的在于斋戒的人,则说斋戒不是其条件。另有一个理由,即经文将i'tikaf与斋戒并提于同一节经文中。沙斐仪以前面已经提到的欧麦尔的圣训为依据进行论证:先知ﷺ曾命他进行一夜的i'tikaf,而夜晚并非斋戒的时间。 马立克学派以下述传闻为据:穆阿米尔·伊斯哈格之子阿卜杜勒·拉赫曼,传自欧尔沃,欧尔沃传自阿伊莎,她说:“对于闭关者的sunna是:不要因探病、送葬之类的事而被打断;不得触碰女人,不得与她同房,除非极其必要,不得外出;没有斋戒就没有闭关,闭关只能在主麻清真寺中进行。” 阿布·欧麦尔·伊本·阿卜杜勒·巴尔说:“在阿伊莎的这段传述中,使用“sunna”一词的,只有阿卜杜勒·拉赫曼·伊本·伊斯哈格一人,而在他们看来,这样的传述是不成立的,除非是由宰欣里传述的。如果确是如此,那么就不能再将它视同于有完整传述链的圣训(musnad)来看待了。”
About the time of coming out from fitikaf, Malik held that the person who was undertaking i'tikaf in the last ten days of Ramadan should come out of the mosque for the <id prayer, and this was desirable, but if he came out after sunset (on the last day) his act is valid. Al-ShafiH and Abu Hamfa said that he is to come out after sunset. Sahnun and Ibn al-Majishun said that if he goes to his house first prior to .the 47/ prayer his ftikaf becomes invalid. The reason for disagreement is whether the remaining night is included in the ten days. The conditions for faikdf are three: intention, fasting, and avoidance of mixing with women. I do not know of any disagreement in the case of intention. They disagreed about fasting. Malik, Abu HanTfa, and a group of jurists said that there is no ftikdf without fasting, while al-ShaficT said that ftikdf is permitted without fasting. An opinion similar to Malik’s was expressed by Ibn TJmar and Ibn (Abbas, with some dispute, from among the Companions, and one similar to al-ShaficFs was expressed’by Ibn Mascud and cAIl The reason for their disagreement is ‘‘that the ttikdf of the Messenger of Allah (God’s peace and blessings be upon him) occurred during Ramadan”. Those who maintained that the fasting accompanying his fitikafis a condition for the iStikdf., even though the fasting was . not observed because of the said that fasting is a must with i'-tikdf. Those who maintained that this was a mere coincidence and it does not mean that it was the aim of the Prophet (God’s peace and blessings be upon him) in his ifakaf said that fasting is not a condition for it. There is another reason for this, which is its association with fasting in the same verse. Al-ShaficT argued on the basis of the tradition of TJmar that has preceded where the Prophet (God’s peace and blessings be upon him) ordered him to undertake ftikdffor a night, and the night is not the time for siydm. The Malikites argued on the basis of what is related by cAbd al-Rahman ibn Ishaq from TJrwa from cA>isha that she said, “The sunna for the mu'takifis that he should not be interrupted by such things as visiting the sick and attending a funeral. He is not to touch a woman \ nor have intercourse with her nor go out for anything that is not extremely necessary, and there is no i'tikaf without fasting and no ftikdf except in a congregational mosque”. Abu °Umar ibn cAbd al-Barr said: “No one has used the words the ‘the sunna' in the tradition of < Alisha, except cAbd al- Rahman ibn Ishaq, and such a narration is not valid in their view, unless it is related by al-Zuhn. If that is the case it is no longer valid to hold it similar to a musnad".
他们对第三个条件达成了一致,即禁止性交:如果处于i'tikaf中的人故意发生性交,其i'tikaf即告无效;但据传伊本·卢巴巴(Ibn Lubaba)的说法,在清真寺以外的地点则不在此列。对于在遗忘中发生性交的情形,他们存在分歧。对于性交以外的行为,如亲吻或触摸,对i'tikaf产生的影响,他们也存在分歧。马利克认为,所有这些行为都会使i'tikaf无效。艾布·哈尼法则认为,仅仅是肌肤接触(mubashara)并不会使其无效,除非他射精。沙斐仪有两种观点:第一种与马利克的观点相同,第二种与艾布·哈尼法的观点相同。
They agreed about the third condition, which is about the prohibition of sexual intercourse, that if the mtfitakifhas intercourse intentionally his i^tikdf is invalidated, except what is related from Ibn Lubaba in the case of locations other than the mosque. They disagreed about the situation when he has intercourse out of forgetfulness. They also disagreed about the effect on iStikdf resulting from of acts other than intercourse, like kissing or touching. Malik held that all this invalidates the Ftikdf. Abu HanTfa said that there is no invalidity through mubdshara, unless he ejaculates. Al-ShaficT had two opinions: the first is the same as the opinion of Malik, and the second like that of Abu Hamfa.
分歧的原因在于:一个词在其本义与引申义之间是否具有概括性含义。这是有歧义的词的一种。主张其具有概括含义的人认为,至高者的经文“当你们在清真寺里闭关时,不要与她们亲近(mubāshara)”中的“mubāshara”一词,被用来指性交或比性交程度更轻的行为。主张其不具有概括含义的人(这是更为人所熟知和通用的用法)则认为,它有时指性交,有时指比性交程度更轻的行为。如果我们说它一致地指性交,那么所有其他的指向都将失效,因为一个词不能同时既表示其本义又表示其引申义。认为射精等同于性交的人,是因为射精被包含在这一含义之内;而持相反观点的人,是因为这个词按其本义并不指示射精。
The reason for their disagreement is whether the word vacillating hetween its actual and figurative application has a general implication. This is one kind of the equivocal word. Those who maintained that it does have a general implication said that the term mubdshara (touching) in the words of the Exalted, “And touch them not while you are undertaking Ptikif in the mosques”,235 is applied to mean sexual intercourse or what is less than that. Those who maintained that it does not have a general implication, which is the better known and usual application, said that it sometimes indicates sexual intercourse and at other times what is less than that. If we were to say that it indicates sexual intercourse by consensus all other indications would be invalidated, because a single term cannot denote its actual application and the figurative meaning at the same time. Those who deemed ejaculation to be the same as intercourse did so as it is covered by the meaning, while those who did the opposite of this did so as the term in its actual application does not indicate this.
他们对于同房者(在朝觐期间)的责任存在分歧。多数学者认为他不需承担任何责任,而一部分法学家则认为他需要承担赎罪(凯法拉)。其中一些法学家认为,这种赎罪与斋月期间与妻子行房者所需缴纳的赎罪相同,这是哈桑(al-Hasan)的观点。另一派认为他应施舍两第纳尔,这是穆扎欣德(Mujahid)的观点。还有一派认为他应释放一名奴隶;如果没有奴隶,则应宰杀一头母骆驼;如果也没有,则应施舍二十萨阿(sa')的干椰枣。争议的根源在于:在赎罪的问题上是否允许类比推理。较为可靠的观点是不允许。
They disagreed about the liability of the person who does have intercourse (during iHikdj), The majority said that he is not liable for anything, while a group of jurists said that he is liable for expiation. Some of the latter jurists said that it is the expiation offered by one having had sexual intercourse during Ramadan. This was the opinion of al-Hasan. One group said that he is to give two dinars as alms. This was the opinion of Mujahid. Another group said that he is to manumit a slave, and if he does not have a slave that he is to sacrifice a she-camel, if he does not have one he should make alms to the amount of twenty s&s of dried dates. The basis for the dispute is whether analogy is permitted in cases of expiation. The better opinion is that it is not permitted.
他们在为不确定日数的斋戒所许的愿是否须要连续(不中断)上存在分歧。马利克和艾布·哈尼法认为连续是其条件,而沙菲仪则认为不是。他们分歧的原因*在于对此所作的类比,即将其类比于不确定的斋戒之愿。
They disagreed about a vow made for an undetermined f-tikdfy whether it should be consecutive (without interruption). Malik and Abu HanTfa said that it is a condition for it, while al-ShaficT said that it is not. The reason for their disagreement * stems from the analogy drawn for it from a vow for undetermined fasting.
他们一致认为,i'tikāf所禁止的行为,是指除了i'tikāf本身的必要行为之外的一切行为;除非为了大小便,或为了与之有同样目的且因必要而需要的事情,否则不允许他走出清真寺。这是依据了‘A’isha的圣训,她说:"当真主的使者ﷺ进行i'tikāf时,他会把头伸近我这里,我就为他梳头;他除非为了大小便,否则不进入房屋。" 他们在以下问题上存在分歧:如果一个人没有(被允许的)必要而出去,多长时间才会使其i'tikāf失效。Al-Shāfi'ī认为,他一走出去,其i'tikāf就立即终止。有人允许宽限一个小时,也有人允许宽限一天。
They agreed that the acts proscribed for i'tikdf are all those that are besides the integral acts of fitikaf, and that it is not permitted to him to go out of the mosque except for answering the call of nature or for those that have the same intent and that are required due to necessity. This is because of what is established from the .tradition of ‘A’isha, who said, “The Messenger of Allah (God’s peace and blessings be upon him) when he performed i'tikdf would move his head near me and I used to comb it [his hair], and he did not enter the house unless it was to answer the call of nature”. They disagreed about the length of the period which invalidates Ftikdf, if the person came out without a (permitted) need. Al-ShaficT said that his Ftikaf is terminated as soon as he steps out. Some made an exemption for one hour, while others made it for a day.
他们对于(为了睡觉而)进入清真寺以外的房间是否可以存在分歧。有些学者对此作了例外规定,他们是大多数,包括马立克、沙斐仪和艾卜·哈尼法;而另一些学者则认为,这样做会使他的i'tikaf(闭关)无效。马立克允许他进行买卖,并主持婚礼,但其他学者反对这一点。他们分歧的原因在于,对于这些事情,除了ijtihad(独立推理)以及将已达成一致的事物与存在争议的事物进行类比之外,并没有确定的依据。
They disagreed about whether he should enter a room other than a room in his mosque (for sleeping). Some made an exemption for him in this, and these are the majority—Malik, al-ShaficT, and Abu Hanifa—while others held that this invalidates his iHikaf. Malik permitted him to buy and sell and to supervise a marriage, but others opposed him in this. The reason for their disagreement arises from the fact that there is no determination on these things except ijtihdd and a comparison of things that they agreed upon with those they disputed.
他们还对于“معتكف”(即闭关者)能否在约定中附加一项被禁止之事(依其约定,此事本被禁止,但因其约定而可以允许),例如约定去参加葬礼或其他类似之事,产生了分歧。大多数法学家认为这种附加条件无效,若他做了那件事,其“اعتكاف”(闭关)即告无效。沙斐仪(al-Shafi'i)则认为他的附加条件是有效的,对他有益。 他们分歧的原因,源于“اعتكاف”与朝觐(حج)之间的相似性,因为两者都属于会禁止许多原本允许之事的功修。朝觐中附加条件的做法,是持此主张者依据达巴阿(Dab'a)的圣训而作出的,即真主的使者ﷺ对她说:“你以朝觐的意念开始,并附加条件:若有阻碍,你便在遇到我的地方解除朝觐的限制。”但这一原则在朝觐中本身也存在争议。因此,在反对者看来,这一类比存在薄弱之处。
They also disagreed over whether it is permitted to the mu^takif to stipulate an act that is prevented by the Ptikdfin order that his stipulation may benefit him in making it permissible, like the stipulation of attending a funeral or some other thing. The majority of the jurists maintain that such stipulation is of no avail, and if he commits that act his fyikdfis nullified. Al-ShaficT said that his stipulation does benefit him. The reason for their disagreement comes from, the similarity between i^tikaf and hajj, as both are kinds of worship that prevent the undertaking of many permissible acts. Stipulations in hajj were decided’ upon, by those who upheld them, on the basis of the tradition of Daba<a that the Messenger of Allah (God’s peace and blessings be upon him) said to her, “Form the niyya of hajj and stipulate to free yourself from the hajj restrictions where you encountered me”. But the (operation of the) principle is disputed in hajj. Thus, there is weakness in this analogy in the view of the opposing contender.
他们对以下情况存在分歧:当人在许愿时规定了连续性,或连续性本身是否具有约束力。对于无条件的许愿,在那些坚持此说的人看来,哪些情况会使i'tikaf中断,并且可以重新开始或继续?例如疾病。其中一些人说,如果疾病中断了i'tikaf,闭关者可以从中断之处继续。这是马立克、艾布·哈尼法和沙斐仪的观点。另有一些人说,他必须从头开始i'tikaf,这是赛瓦里的观点。据我所知,对于月经中的女性从中断之处继续,并无分歧。他们对她是否应当离开清真寺存在分歧。同样,对于闭关者发生精神错乱或昏厥时,他是应当之后继续,还是在康复后重新开始,他们也存在分歧。他们在这个问题上分歧的原因在于,此事并无经传的明确规定。因此,争议是基于他们对已达成一致的与有争议的情况所做的类比而产生的,即他们在这一功修中,或在那些规定中断后须继续的功修中所达成一致的情况,例如已达洁净期者的斋戒以及类似的情况。
They disagreed when the person stipulates continuity in the vow or when continuity itself is binding. In an unqualified vow, for those who uphold it, what are the things by which the ittikdf is interrupted and is either renewed or is continued, for example, illness. Some of them said that if illness cuts off the fitikaf the mifitakif can resume it (from the point of interruption). This is the opinion of Malik, Abu Hanifa, and al-ShafiT. Some of them said that he is to start the iStikdf from the beginning, and this is the opinion of al-Thawn. There is no disagreement, as fas as I know, that a menstruating woman continues (from the point of interruption). They disagreed on whether she is to move out of the mosque. Similarly, they disagreed on when the mtftakif suffers a fit of insanity or faints, whether he is to continue (later) or to start again on recovering. The reason for their disagreement on this topic is that there is nothing determined on it through transmission. Thus, disputes arise on the basis of their comparisons between what they agreed upon and what they disputed, that is, what they agreed upon in this worship or in those kinds o f worship in which continuing after interruption is stipulated like the fast of one attaining the period of purity and others like it.
大多数学者认为,如果自愿的伊disabled‘tikaf(闭关)无故中断,则需要补做,其依据是这则传述:“真主的使者(愿主的赞颂与祝福降于他)曾打算在斋月最后十天闭关,但他没有做,于是在沙瓦勒月的十天里补做了‘itikaf。”至于因还愿而成为义务的闭关,据我所知,其补做与否并无争议。
The majority maintain that if a voluntary Ptikafis cut off without an excuse qadd is obligatory in it, because of the tradition “that the Messenger of Allah (God’s peace and blessings be upon him) intended to observe iStikdfin the last ten days of Ramadan, but he did not, and, therefore, observed fitikaf in ten days of Shawwal”. In the case of an obligatory due to a vow, there is no dispute about its qadd, as far as I think.
大多数学者认为,犯下大罪之人的伊提卡夫(闭关)即告中断。
The majority maintain that the iftikaf of a person who commits a grave sin is cut off.
这就是我们想要确立的关于本学科原则与规则的全部内容,愿真主赐予成功与助佑。愿赞颂与福安降临我们的主人穆罕默德ﷺ,以及他的家人和同伴。
This is all that we sought to establish about the principles and rules of this subject, Allah is the Grantor of success and support, and prayers and blessings upon our master Muhammad, his family, and his companions.