10.2 增加财产
10.2 Increasing Property
财产的增长与用于生产财产的方式和手段相关。然而,这些财产所有权的增长则与人获取所有权的方式相关。经济制度与财产的增长无关;相反,制度所涉及的是所有权的增长。伊斯兰并未干预财产的增长,而是任由人们通过其认为适当的方式和手段来增加财产。但伊斯兰确实干预了财产所有权的增长,并阐明了其规则。所有权的增长受到立法者(Ash-Shaari')所设定界限的限制,不得逾越。立法者制定了确定所有权增长方式的一般原则,而他(愿主福安之)让学者(Mujtahideen)依据这些原则,结合对具体事件的理解,推导出其中的细则。然而,立法者确实禁止了某些方式。因此,他阐明了可借以增加所有权的交易和契约,以及使人不得借以增加所有权的交易和契约。
The increase of property is related to the styles and means used to produce it. However, increasing ownership of this property is related to the manner by which the person increases this ownership. The economic system has nothing to do with the increase of property; rather the system is involved with the increase of ownership. Islam did not interfere with the increase of property, and it left man to increase property by the styles and means, which He considers suitable for doing so. Islam does however interfere with the increase of ownership of property and has explained its rules. The increase of ownership is restricted by the limits given by the Lawgiver, which may not be transgressed. The Lawgiver has placed general guidelines to determine the manner by which ownership may be increased, and He (pbuh) left the scholars (Mujtahideen) to deduce the details of these guidelines from them based on their understanding of the incidents. However, the Lawgiver did prevent certain manners. Thus He explained the transactions and contracts with which ownership may be increased and those with which the person is prevented from increasing the ownership.
经过考察可以发现,今世的财产仅限于三类:土地,通过交换物品而产生的财产,以及通过将物品从一种形态转变为另一种形态而产生的财产。人用来获取财产或增加财产的途径有农业、贸易和工业。因此,个人增加财产所有权的方式,必须成为经济制度中的讨论主题。农业(耕种)、贸易和工业是生产财产所用的方式和手段,与之相关的规则则显示了个人增加财产所有权的具体方法。
Upon examination, one finds the properties in this worldly life to be limited to three things which are: land, property which results from the exchange of things, and property which results from transforming things from one form to another. Things which man deals with to obtain property or to increase it are agriculture, trading, and industry. In this way, the manners by which the person increases his ownership of property must be a subject of discussion in the economic system. Agriculture (farming), trading and industry are styles and means used to produce property and the rules related to them show the manner by which the person increases his ownership of property.
沙里尔(Shar’a)通过阐明土地及其相关规定,解释了耕作的规则。它也通过阐明买卖、公司及相关事务的规定,解释了贸易的规则。它还通过阐明雇工与制造的规定,解释了工业的规则。至于工业的产品,则包含在贸易之中。因此,所有权的增加受到沙里尔规则的限制,即土地及相关事务的规则、买卖、公司及与之相关事务的规则,以及雇工与制造的规则。
Shar’a explained the rules of farming by manifesting the rules of land and that which is related to it. It also explained the rules of trading by manifesting the rules of selling and companies and related matters. It also explained the rules of industry by manifesting the rules of the labourer and manufacturing. With regard to the products of industry, they are included in trading. Increase of ownership is thus restricted by the rules of the Shar’a, which are the rules of lands and related matters, selling and companies and matters related to them and also the rules of the labourer and manufacturing.