9.1 第一类
9.1 The First Category
本类包括两方面内容:确定义务与条件,以及义务针对的人和义务何时成立。
This category comprises two things: the identification of the obligations and the conditions, and the person for whom it is obligatory and when.
对于朝觐的义务,学者们没有争议,这是因为至高无上的真主说:"朝觐天房是人类对真主应尽的义务,凡能力足以往返的人,都应当朝觐。"这些义务的条件分为两类:有效条件和义务条件。学者们一致认为,有效条件包括伊斯兰信仰,因为非穆斯林的朝觐是无效的。至于未成年人(sabt)所做的朝觐是否有效,学者们存在分歧。马力克和沙斐仪认为这是允许的,并且有效;而艾布·哈尼法则禁止这样做。
There is no dispute about its obligation, because of the words of the Exalted, “And pilgrimage to the House is a duty unto Allah for mankind, for him who can find a way thither”.236 The conditions of the obligation are of two kinds: conditions of validity and the conditions of obligation. There is no dispute among the jurists that the conditions of validity include (professing the faith of) Islam, as pilgrimage by a person who is not a Muslim is not valid. They disagreed about its validity when performed by a minor (sabt). Malik and al-ShafiT maintained that it is permissible (and valid), while Abu HanTfa prohibited it.
分歧的原因在于一则圣训与基本原则之间的冲突。允许此事的人,依据的是伊本·阿拔斯的著名圣训,该圣训由布哈里和穆斯林所记载,其中说道:"有一位妇人把一个小男孩抱到先知(愿安拉的慈悲与祝福降临于他)面前,说:'安拉的使者啊,这孩子也有朝觐的功修吗?'他说:'有的,你也将获得报酬。'" ﷺ 而不允许此事的人,则依据这样的原则:由不具备辨别能力者所进行的功修是不成立的。
The reason for the disagreement stems from the conflict of a tradition with the principles. Those who permitted it acted on the basis of the well known tradition of Ibn <Abbas, which is recorded by al-Bukhan and Muslim, and it contains the words, “A woman raised a young boy toward the Prophet (God’s peace and blessings be upon him) and said, ‘Is there hajj for him, O Messenger of Allah?’ He said, ‘Yes, and there is reward for you’”. Those who disallowed this relied on the principle that worship is not valid if performed by one lacking discretion.
马立克的门徒们对于为婴儿代行此礼(按原文语境指其功修)是否有效也存在分歧。对于能够正确完成礼拜的人替自己完成此礼,则不存在争议,这与先知(愿安拉的赞颂与安宁降临于他)所说的“七岁至十岁”相符。
Malik’s disciples also differed about the validity of its performance on behalf of an infant. There is no dispute about the validity of its performance by one whose performance of prayer is valid, which corresponds to what the Prophet (God’s peace and blessings be upon him) said, “From seven to ten”.
义务的条件包括为穆斯林,这是依据认为非穆斯林也受伊斯兰律法约束的观点。237 关于能力(包括身体能力和财力能力)是朝觐的前提,并无争议,因为至高者说:“能往那里的人。”238 尽管对这种能力的具体细节存在分歧,但一般认为能力分为两种:直接能力和代理能力。对于直接能力,法学家们一致认为其条件是身体能力、财力能力和安全。他们对身体能力和财力能力的具体内容存在分歧。沙斐仪、艾卜·哈尼法和艾哈迈德,以及伊本·阿拔斯和欧麦尔·本·哈塔卜的观点都认为,其条件是有食物补给和有交通工具。马立克说,对于能够步行的人,有坐骑(交通工具)不是义务的条件,朝觐对他仍是义务。同样,按他的观点,如果一个人在途中能够谋生,即使需要乞讨,多余的财产也不是能力的条件。
The conditions of obligation include being a Muslim, in accordance with the opinion that the disbelievers are addressed by the laws of Islam.237 There is no dispute about the stipulation of ability (both physical and financial) for this, because of the words of the Exalted, “For him who can find a way thither”.238 Though there is a disagreement over the details of this (ability) it is generally considered to be of two kinds: direct and by delegation. In direct ability there is no disagreement among the jurists that its conditions are bodily ability, financial ability, and security. They disagreed about the details of bodily and financial ability. Al-Shafi T, Abu Hamfa, and Ahmad, and this was c the view of Ibn Abbas c and ^mar ibn al-Khattab, held that the conditions for these are food provisions and the availability of transportation. Malik said that for the person who is able to walk the availability of a riding animal (a means of transportation) is not a condition of obligation and pilgrimage is obligatory for him. Likewise, surplus is not a condition for ability, in his view, if the person is able to earn a living on the way even if he has to beg.
这一分歧的根源在于:一方面是用来阐明“能力”的圣训,另一方面是其字面的一般含义之间的冲突。据传,先知(愿主的赞颂与祝福降临于他ﷺ)有这样一段圣训:“有人问:‘能力(以完成朝觐)指什么?’他说:‘足够的食粮和一头坐骑。’”艾布·哈尼法和沙斐仪将此理解为适用于所有人,而马立克则将其理解为适用于那些无法步行、又没有力气在途中谋生的人。沙斐仪形成这一观点,是因为他的方法是:如果《古兰经》中出现了一个未加阐明的经文,随后又有圣行作为对这一未加阐明之词的阐明,那么就不能撇开这一阐明。
The reason for this disagreement arises from the conflict between the tradition (which is) laid down for the elaboration of ability and the general implication of its words. This is so as a tradition from the Prophet (God’s peace and blessings be upon him) is laid down that “he was asked, ‘What is the ability (to perform the pilgrimage)?’ He said, ‘Food provisions and a riding animal’”. Abu HanTfa and al-ShaficT interpreted this to apply to everybody, while Malik interpreted it to apply to a person who was not able to walk and also did not have the strength to eke out a living on the way. Al-Shafi<T formed this opinion as it is his method that if an unelaborated text occurs in the Qurian and then a sunna is laid as an elaboration of this unelaborated word it is not possible to avert the elaboration.
关于通过能力委托而产生的义务,马立克和艾布·哈尼法认为,即使具备能力,只要本人无法亲自履行,委托也不具有约束力。沙斐仪则认为委托具有约束力。因此,对于拥有足够财产、可以让他人代为朝觐,而自己身体上无法亲自前往的人,他必须让他人代其朝觐。但如果能找到一位可以用自己的财产并凭自己的体力代为朝觐的人,例如兄弟或近亲,那么他的责任即告解除。这一问题是他们所称的“马卜卜”(无法乘坐坐骑的人)的问题,即无法被安置在坐骑上的人。依他的看法,如果有人在未完成朝觐前去世,其继承人有义务从遗产中拿出一部分钱财,用于让他人代其完成朝觐。
With respect to its obligation through ability by delegation, Malik and Abu Hanifa maintain that delegation is not binding, even when that ability is there, if the inability for direct performance exists. Al-ShafiT maintains that it is binding, thus, for a person who possesses sufficient wealth with which someone other than he can perform the pilgrimage, if he himself cannot perform it physically, then that person must perform it on his behalf. But if someone is found who can perform it on his behalf with his own wealth and physical ability, like a brother or next of kin, his liability is dropped. This is an issue that they termed ma^dub (incapacitated person), who is a person who cannot be seated on the riding animal. In his view, if a person dies without performing the pilgrimage, it is binding upon his heirs to set something from his estate with which some person can perform the pilgrimage on his behalf.
对此产生分歧的原因,在于类比与一段圣训之间的冲突。类比认为,功修不能由一人代替另一人以委托的方式完成,因此,没有人可以替他人礼拜,也没有人可以代他人缴纳天课。与此相反的是伊本·阿拔斯传述、被两位圣训学家(布哈里和穆斯林)所记录的著名圣训,内容是:“辖提尔部落的一名妇女对安拉的使者(愿安拉的赞颂与祝福降临于他)说:‘安拉的使者啊,朝觐是安拉为众仆人所规定的义务,但我的父亲年老,不能稳稳地坐在牲畜上。我可以替他朝觐吗?’他说:‘可以。’”这是关于在世之人的情形。至于已故之人,布哈里也记录了一段同样出自伊本·阿拔斯的圣训,他说:“朱海奈部落的一名妇女来到先知(愿安拉的赞颂与祝福降临于他)面前,说:‘安拉的使者啊,我的母亲许愿要朝觐,但她去世了,我可以替她朝觐吗?’他说:‘你替她朝觐吧。你认为,如果她有债务,你不会替她还清吗?安拉的债务更有资格被偿还。’”穆斯林法学家们对于代他人朝觐属于自愿性质并无争议,分歧仅在于代人朝觐是否可以作为义务来履行。
The reason for disagreement over this arises from the conflict of analogy with a tradition. Analogy dictates that acts of worship cannot be performed by one person on behalf of another by delegation, thus, no one prays on behalf of another nor does one pay zakat in another’s place. The tradition opposing this is the well-known tradition of Ibn ‘Abbas recorded by the two shaykhs (al- BukharT and Muslim), and it reads “that a woman from Khath^m said to the Messenger of Allah (God’s peace and blessings be upon him), CO Messenger of Allah, hajj is an obligation prescribed for His servants, but I find my father an old man who cannot sit firmly on a riding animal. Should I then perform the hajj for him?’ He said, ‘Yes’”. This was the case of a living person. In the case of a dead person there is a tradition that was recorded by al-BukharT, which is also from Ibn ‘Abbas, who said, “A woman from Juhayna came up to the Prophet (God’s peace and blessings be upon him) and said, ‘O Messenger of Allah, my mother made a vow to perform hajj. but she died, so should I perform it on her behalf?’ He said, ‘Perform the pilgrimage for her. Do you think that if she had a debt would you not pay it off? The debt of Allah has a prior claim for satisfaction’”. There is no dispute among the Muslim jurists that it is voluntary when performed for another, the disagreement is about its performance as an obligation.
在这个问题上,学者们存在分歧:为他人代行朝觐的人,无论被代者在世或已故,代行者是否必须先为自己完成朝觐。一些法学家认为这并非条件,但如果他已为自己完成了这一义务,则更好。这是马立克对于为已故者代行朝觐的人的看法,因为在他看来,为在世者代行朝觐是无效的。另一些法学家认为,代行者必须先为自己完成这一义务。这是沙斐仪以及其他人的观点,如果一个未曾为自己朝觐的人为他人朝觐,那么这次朝觐会转为他为自己所做的朝觐。这些法学家所依据的是伊本·阿拔斯的圣训,即:“先知ﷺ听到一个人替名叫舒布拉马的人诵念塔尔比亚,他说:‘这个舒布拉马是谁?’那人回答说,他是他的兄弟或(他说)亲戚。先知ﷺ说:‘你为自己朝过觐吗?’那人说:‘没有。’先知ﷺ说:‘你先为自己朝觐,然后再为舒布拉马朝觐。’”第一派法学家对这段圣训提出异议,因为它只被传述至伊本·阿拔斯为止,属于mawquf(止于圣门弟子的传述),其传述链中并未包含再传弟子的名字。
In this topic, they disagreed about the person who performs hajj for someone else, who may be living or dead, as to whether it is a condition for him that he should have performed hajj himself. Some of the jurists held that this is not a condition, but if he has performed the obligation for himself that would be better. This was Malik’s opinion for the person who performed hajj on behalf of a dead person, for in his view hajj for a person who is living is not valid. The other jurists held that it is a condition that he should have performed the obligation for himself. This was the opinion of al-Shafi‘T and others besides him, and if a person, who had not performed hajj for himself, did perform hajj for another it would be converted to a personal performance. The reliance of these jurists is upon the tradition of Ibn ‘Abbas “that the Prophet (God’s peace and blessings be upon him) heard a manJ pronouncing the talbiya on behalf of someone called Shubrama. He said, ‘And who is this Shubrama?’ The man replied that he was his brother or (he said) his close relative. He said, ‘Have you performed hajj for yourself?’ The man said, ‘No’. He said, ‘Perform hajj for yourself first and then for Shubrama’”. The first group of jurists objected to this tradition as it was narrated as mawquf up to Ibn cAbbas (i.e. the isnad (chain) did not contain1 the name of the Companion’s disciple).
他们在这个问题上也有分歧:关于一个人为他人代行朝觐而收取报酬的情况。马立克和沙斐仪对此持反对意见,但认为如果发生了,则是允许的。艾卜·哈尼法不允许这样做。他的依据是,朝觐的目的在于寻求接近安拉,而为此而收取报酬是不被允许的。第一派的论据是关于为抄写《古兰经》和修建清真寺而收取报酬的许可已有共识,而这些也是寻求接近安拉的一种方式。 按马立克的观点,朝觐中的雇佣分为两种。第一种是他的门徒所称的"巴拉哥"(balagh),即一个人为一笔报酬提供服务,这笔报酬足以支付(所需的)路费和一头坐骑。如果报酬不足巴拉哥,则应支付足够的数额;如果有剩余,则应退还。第二种是惯常的雇佣,即不足的部分由他自己补足,如有剩余,则归他所有。 多数学者认为,奴隶在获得释放之前不负有朝觐的义务,但一些扎希尔学派的学者认为朝觐对他是必须的。
They also differed, in this topic, about a person who offers himself for a wage to perform hajj on behalf of someone else. Malik and <al-Shafic7 disapproved of this, but said that if it happens it is permissible. Abu HanTfa did not permit it. He relied on the argument that the purpose was to seek nearness to Allah and wages are not allowed for that. The argument of the first group was the consensus about the permissibility of earning wages for writing the mushaf and for the construction of mosques, which are also one way of seeking nearness to Allah. Hiring during hajj, in Malik’s view, is of two kinds. The first is what his disciples called the balagh, whereby a person offers his services for a wage that would be enough to provide the (required) provision and a riding animal. If that wage falls short of the balagh he is to be paid what would be enough, and if an excess is left over he is to return it. The second is the customary hiring whereby something falling short is to be made up by him and if there is an excess it belongs to him. The majority maintain that hajj is not binding upon a slave until he is manumitted, but some of the Zahirites make it obligatory for him.
本节讨论的是:谁有义务履行这项崇拜,以及谁的履行是有效的。
This is all about the person on whom this worship is obligatory and about the person whose performance is valid.
关于该命令何时成为义务,学者们曾有分歧:该命令要求立即执行,还是可以推迟执行? 马立克及其弟子的两种观点均有记载。马立克学派后来的法学家表面上的观点是可以推迟;而他在巴格达的弟子则认为应立即执行。关于艾布·哈尼法及其弟子的记载不一,但他们所倾向的观点是应立即执行。沙斐仪说,该义务分布在一段时间之内。 主张义务跨越一段时间(即不要求立即执行)的人,其依据是:朝觐的义务在先知(愿主赐予他恩典与平安)朝觐的许多年前就已确立,而先知(愿主赐予他恩典与平安)却推迟了自己的朝觐。如果要求立即执行,先知(愿主赐予他恩典与平安)就不会推迟。若他因某种借口而推迟,他本会加以说明。 另一派的论据是:如果该义务限定于特定时间,那么对于放弃履行直至时间过去的人,原则上应认定其有罪,并以拜功的时间作为类比的基础。在第二派看来,这与拜功的命令之间的区别在于:朝觐的义务不会每时每刻更新,而拜功的义务则是每时每刻都在更新。 总体而言,那些认为朝觐的最初时间与具备能力者的拜功最初时间相似的人,主张可以推迟履行;而那些认为其与拜功的最后时间相似的人,则主张应立即履行。之所以认为它与拜功的最后时段相似,是因为一旦进入使其行为不再有效的时间,义务便随之终止,正如拜功的时间在进入使礼拜者不再被视为完成拜功的时间时便告终止一样。 这些法学家还基于一种风险进行论证:将朝觐推迟到另一年,会因为时间拉长而增加死亡发生的可能性。他们认为,这与礼拜从最初时间推迟到最后时间的情况不同,因为在那段较短的时间内,人去世的可能性远小于一年之中。或许他们还会补充说,在礼拜的规定时限内推迟,并不会使礼拜者失去履行礼拜的机会(这是附加的说明),而在朝觐的情况下,推迟则会导致其时限的过期,并开始一段更长的时间,在此期间该功修不再有效。这与无限定的命令的情况并不相似,因为在无限定的命令中,按照那些主张其允许延迟执行的人的观点,延迟履行并不会导致所要求的功修不再有效的时间到来,而朝觐则不同:当朝觐的时间已到,而人却将其推迟到将来时便是如此。因此,关于此问题的分歧,并不像人们所设想的那样,属于他们关于无限定的命令要求立即履行还是允许延迟履行的争论范畴。
With respect to the time when it becomes obligatory, they disagreed whether the,command necessitates immediate or delayed compliance?239 Both opinions are attributed to Malik and his disciples. The apparent opinion of the later jurists of his school is that it is delayed, butrhis disciples from Baghdad said that it is immediate. Reports from Abu HanTfa and his disciples differ, but their preferred opinion is that it is immediate. Al-ShaficT said that it is spread out over a period of time. The reliance of those who say that it spreads over a span of time (is not immediate) is that hajj became obligatory years before the Prophet (God’s peace and blessings be upon him) performed the hajj. If it required immediate compliance the Prophet (God’s peace and blessings be upon him) would not have delayed the performance of his hajj. If he had done so because of an excuse he would have explained it. The argument of the other group is that if it is specific to a particular time, the principle would be to attribute sin to the person who relinquishes it till the time passes, the basis (for the analogy) being the time of prayer. The distinction between this and the command for prayer, in the view of the second group, is that its obligation is not renewed from moment to moment and in prayer it is renewed every moment. On the whole, those who held the initial time of obligation in hajj, as applicable to an individual who has the ability (for performance), to be similar to the initial time of prayer said that compliance is delayed, while those who held it to be similar to the last time of prayer said that compliance is immediate. The reason for holding it to be similar to the last portion of the time of prayer is that it is terminated with the advent of the time in which his act is not valid, just as the time of prayer is terminated with the advent of time in which the worshipper is not considered to be offering his prayer as W#. These jurists also argue on the basis of the risk that becomes associated with the postponement to another year because of the greater possibility of death occuring during a longer period. They maintain that this is different from the case of delay in prayer from its first time to its last, as the likelihood of the person’s death within that short time is far less than it is within a year. Perhaps they may add that delaying prayer within its fixed period does not separate the worshipper from the chance to perform the prayer as 'add*, but delay in this case of hajj leads to the expiry of its period and the start of a much longer period in which the performance of this worship is not valid. This is not similar to the case of the unqualified command, because in the unqualified command, in the view of those who maintain that it implies liberty of delayed compliance, a delay in performance does not lead to the advent of a time in which the required worship is not valid, as it does in the case of hajj when it is time for it and the subject postpones it to the future. The disagreement, then, on this issue does not belong, as has been assumed, to the category of their dispute whether an unqualified command necessitates immediate or delayed compliance.
他们在这一问题上存在分歧:对于妇女而言,履行朝觐义务是否以其有丈夫或愿意陪同她前往朝觐的近亲(即禁止通婚的亲属,mahram)为条件。马立克和沙斐仪认为,这是义务成立的一个可选条件,另一个可选条件是妇女与一位可信赖的女伴同行朝觐。艾布·哈尼法、艾哈迈德以及一批教法学家则认为,有愿意同行的丈夫或近亲,是朝觐义务成立的条件。
They disagreed, within the topic, whether it is a condition for the obligation of hajj on a woman that she must have a husband or a dhu mahram (a relative of the prohibited degree for marriage) who is willing to accompany her on the journey for hajj. Malik and al-Shaf?T said that this is one alternative condition for the obligation. The other alternative is for a woman to go for hajj with a trustworthy female companion. Abu HanTfa, Ahmad, and a group of jurists said that the availability of a willing husband or a mahram is a condition for the obligation.
产生分歧的原因在于:朝觐的命令及为此出行的要求,与禁止妇女在没有丈夫或迈赫勒姆(mahram)陪同的情况下独自旅行的规定之间存在冲突。这是因为有圣训经由艾布·赛义德·胡德里、艾布·胡莱赖、伊本·阿拔斯和欧麦尔传述,先知ﷺ说:“信仰安拉和末日的女人,不得在没有至亲男性亲属(dhu mahram)陪同的情况下旅行。”主张优先采用朝觐命令之普遍含义的人认为,妇女即便没有至亲男性亲属陪同,只要有一群可信赖的女伴,也可以去朝觐。而以此圣训限定该普遍含义的人,或认为此圣训是对“能力”条件的阐释的人则认为,妇女除非有至亲男性亲属陪同,否则不得为朝觐而出行。
The reason for the disagreement arises from the conflict of the command for hajj and of taking up travel for it with the proscription about a woman’s travelling alone without her husband or a mahram. This is so as it is established from the Prophet (God’s peace and blessings be upon him) through Abu Sa Td al-Khudri, Abu Hurayra, Ibn <Abbas, and TJmar, that he said € “It is not permitted for a woman, who believes in Allah and the Last Day to travel without a dhu mahram”. Those who gave predominance to the generality of the command of hajj said that she may travel for hajj even when she is not accompanied by a dhu mahram (but with a trustworthy group of women). Those who restricted the general implication with this tradition, or held that it is an elaboration of “ability”, said that she is not to travel for hajjy unless she is accompanied by a dhu mahram.
我们已经讨论了被称为哈吉的这一仪式:它成为义务的依据,以及对谁、何时成为义务。本节还剩下关于被称为“欧mra”(小朝)这一仪式的讨论。一群法学家认为它是义务的。这是al-ShaficT、Ahmad、Abu Thawr、Abu °Ubayd、al-Thawri、al-Awza T的观点,c 也是Ibn c Abbas和Ibn TJmar在圣门弟子中的观点,以及一群再传弟子的观点。Malik和一群法学家认为它是sunna(逊奈,即圣行)。Abu HanTfa认为它是自愿的,这也是Abu Thawr240和Dawud的观点。主张它是义务的人,以至高者的话为据:“你们当为真主完成朝觐和小朝。”241
We have now spoken about this rite, which is called hajj,, regarding the basis due to which it becomes obligatory, and for who and when. In this section there remains the discussion of the rite known as 'umra. A group of jurists said that it is obligatory. This was the opinion of al-ShaficT, Ahmad, Abu Thawr, Abu °Ubayd, al-Thawri, al-Awza T, and c it was the opinion of Ibn c Abbas and Ibn TJmar from among the Companions, and also of a group of the Tabi un. Malik and a group of jurists c said that it is a sunna. Abu HanTfa said that it is voluntary, which was also the opinion of Abu Thawr240 and Dawud. Those who maintained that it is obligatory argued on the basis of the words of the Exalted, “Perform the pilgrimage and the himra for Allah,”241
并且依据所传的圣训。其中一则是伊本·欧麦尔从其父所传:有一位贝都因人,面容俊美,身穿白衣,走到安拉的使者ﷺ面前,说:“安拉的使者啊,伊斯兰是什么?”他回答说:“你作证万物非主,唯有安拉是独一的主,穆罕默德是祂的使者ﷺ,你谨守拜功,缴纳天课,斋戒莱麦丹月,朝觐天房,并且做副朝(尔玛乐),还要清洁自己,去除不洁。”阿布杜·拉扎格提到:“麦尔马尔向我们转述,引自屈塔达,屈塔达曾叙述:当那段经文‘朝觐天房是安拉对世人的义务,凡能力所及者’降示时,安拉的使者ﷺ说:‘朝觐和副朝这两者,凡履行者,便已尽了义务。’”据宰德·本·萨比特传自先知ﷺ,他说:“朝觐和副朝是两项义务,你从哪一项开始都没有妨碍。”据伊本·阿拔斯传述,副朝是有义务的,也有人通过传述链将此说归于先知ﷺ。
and also on the basis of the reported traditions. One of these is the report from Ibn TJmar from his father, who said, “A Bedouin, who had a fair countenance and was wearing white clothes came up to the Messenger of Allah (God’s peace and blessings be upon him) and said, ‘What is Islam, O Messenger of Allah?’ He replied, ‘That you testify that there is no god but Allah, that Muhammad is His messenger, and you establish prayer, pay the zakat, fast the month of Ramadan, perform the pilgrimage and the ^umra, and wash yourself free of impurities’”. cAbd al-Razzaq has mentioned that “Ma'mar informed us on the authority of Qatada, who used to relate that when the verse ‘And pilgrimage to the House is a duty unto Allah for mankind, for him who can find a way thither’,242 was revealed the Messenger of Allah (God’s peace and blessings be upon him) said, ‘The two, the hajj and the htmra, anyone who performs them has fulfilled the obligation’”. It is related from Zayd ibn Thabit from the Prophet (God’s peace and blessings be upon him) that he said, “The hajj and the ^umra are two obligations, and there is no harm for you with whichever you commence”. It is related from Ibn cAbbas that himra is obligatory, and some have attribute this statement through an isnad to the Prophet (God’s peace and blessings be upon him).
其他学者群体中认为副朝不是义务的那一派,其论据是那些关于伊斯兰义务数目的真实而广为流传的圣训,这些圣训并未提及副朝(又称小朝,<-umra)。例如伊本·欧麦尔的圣训:"伊斯兰建立在五件事之上",其中他只提到了朝觐。还有关于一个人询问什么是伊斯兰的圣训,其中一些版本的措辞是"你要朝拜天房"。这些学者或许还主张,古兰经节2:196(如上文所引)中表示完成的命令并不产生义务,因为它的意思是:义务或逊奈行为一旦开始,就应当完成,而不应中断。 主张副朝为逊奈的学者同样以圣训为据。其中包括哈贾吉·伊本·艾尔塔的圣训,他从穆罕默德·伊本·孟喀迪尔那里,从贾比尔·伊本·阿卜杜拉传述:"有人问先知(愿安拉的慈悲和祝福降临于他)关于副朝,是否是义务的?他回答说:'不是,但如果你做副朝,对你更好。'"ﷺ 艾布·欧麦尔·伊本·阿卜杜勒·巴尔(Abu cUmar ibn Abd al-Barr)说,这一圣训没有说服力,因为传述者只有他一人。
The argument of the other group of jurists, who hold that it is not obligatory, is based on authentic and well-known traditions that have been laid down about the number of the obligations in Islam and that do not mention the <-umra, An example is the tradition of Ibn TJmar, “Islam is structured upon five things”, in which he mentioned the pilgrimage alone. There is also the tradition of the one asking what Islam is, and in some of its versions are the words, “that you perform the pilgrimage to the House”. Perhaps, these jurists also said that a command implying completion (as it appeared in the Quranic verse 2 : 196 quoted above) does not give rise to an obligation, as it means that once an obligation or a sunna act is started, it should be completed and not cut off. The jurists who maintained that it is a sunna, also argued on the basis of traditions. These include the tradition of al-Hajjaj ibn cArta from Muhammad ibn al-Munkadir from Jabir ibn <Abd Allah, who said, “A man asked the Prophet (God’s peace and blessings be upon him) about the <umra, whether it was obligatory? He replied, ‘No, but if you perform the <umra it is better for you’ ”. Abu TJmar ibn Abd al-Barr c said that this is not persuasive insofar as he was the sole narrator.
或许,那些认为(副)umra是自愿的人,是依据所传的一段圣训,即艾布·萨利赫·哈奈菲(Abu Salih al-HanafT)所传:“安拉的使者(愿安拉的慈悯与祝福降临于他)说:‘哈吉是义务的,而欧麦เราะ(umra)是自愿的。’”然而,这段圣训是中断的(munqati‘)圣训。
Perhaps, those who maintained that it was voluntary argued on the basis of what is related from Abu Salih al-HanafT, who said, “The Messenger of Allah (God’s peace and blessings be upon him) said, '‘Hajj is obligatory and <umra is voluntary’”. This, however, is a munqatf tradition.
分歧的原因就在于关于此问题的圣训相互冲突,以及关于完成(该行为)的命令是否构成义务这一点上存在的摇摆不定。
The reason for the disagreement stems thus from the conflict of traditions on the subject, and the vacillation of the command requiring completion between whether or not if gives rise to an obligation.