14.6 价格操纵
14.6 Price-Fixing
真主(SWT)赋予每个人按照自己意愿定价出售其商品的权利。伊本·马哲在圣训集中记载,艾布·赛义德说:真主的使者ﷺ说:“买卖须出于双方的自愿。”然而,由于国家(政府)有可能强迫民众接受某种价格,真主(SWT)禁止为商品规定固定价格,并强迫人们按此价格进行交易(买卖);因此,禁止定价。
Allah (swt) has left to everybody the right to sell his commodity at the price He likes. Ibn Majah has narrated from Abu S’aid, that He said, the Messenger of Allah (pbuh) said: “Selling (trading) is by consent.” But because it is possible that the State (government) may force pricing over the people, Allah (swt) prohibited it to set certain prices for commodities and then force people to trade (selling and buying) according to them; therefore, price-fixing was prohibited.
价格管制是指统治者、其代理人,或任何在穆斯林中握有权力的人,命令商人不得以高于或低于规定价格的价格出售商品。这样,商人既不能抬高价格,也不能以低于规定的价格交易以与他人竞争。也就是说,为了公众利益(Maslaha),人们被禁止随意提高或降低既定价格。这意味着国家干预物价,为某些商品或部分商品规定价格,并禁止任何人以高于或低于该固定价格出售,因为国家认为这符合公共利益。 伊斯兰教绝对禁止定价,依据是伊玛目艾哈迈德从安as传述的一段圣训,安as说:“先知(ﷺ)在世时物价上涨,人们说:‘真主的使者啊,我们希望您能为我们定价(规定价格)。’他(ﷺ)说:‘真主确实是创造者、掌控者(Qabidh)、慷慨施予者(Basit)、供给者(Raziq),也是定价者。我希望我见到真主时,没有任何人因我对他所做的不义之事而向我申诉,无论是关于血债还是财产。’”另外,艾布·达五德从艾布·胡莱赖传述,他说:“有一个人来说:‘真主的使者啊,请为物价定价。’他(ﷺ)说:‘实际上是真主使其降低,也是真主使其升高。’” 这些圣训表明,定价是被禁止的,是一种不义行为,人们可以向统治者申诉以加以制止。如果统治者自己进行定价,他在真主(SWT)面前就是有罪的,因为这是一种被禁止(Haram)的行为。每一位公民都有权向不义行为申诉法庭(Mahkamat Al-Madhalim)控告进行定价的统治者,无论他是省长(Wali)还是哈里发。公民可以向该法庭申诉此事,请求其裁决并消除这种不义行为(Madhlama)。
Price-fixing is where the ruler or his deputies or anyone who holds any authority upon the Muslims orders the traders (merchants) not to sell commodities except with a specified price. Thus they are prevented from increasing the prices so they do not raise them up, nor are they allowed to trade with less than these prices so that they do not compete with others. That is to say, they are prevented from increasing or decreasing the stated price for the peoples’ interest (Maslaha). This means that the State intervenes in the prices and puts certain prices for the commodities or for some of them, and prevents anybody from selling with higher or lower than the fixed price, as it considers this to be for the public interest. Islam prohibited pricing absolutely, due to what Imam Ahmad narrated from Anas who said: “Prices increased at the time of the Messenger of Allah (pbuh), so they said, O Messenger of Allah, we wish would you price (fix the prices). He (pbuh) said: “Indeed Allah is the Creator, the holder (Qabidh), the Open-handed (Basit), the Provider (Raziq), the Pricer (who fixes prices); and I wish I will meet Allah and nobody demands (complains) of me for unjust act I did against him, neither in blood or property.” Also Abu Dawud narrated from Abu Huraira, He said, “A man came and said, O Messenger of Allah, fix prices. He (pbuh) said: “Rather Allah reduces and increases.” These Ahadith indicate that pricing is prohibited and is an unjust act against which a complaint is made to the ruler to remove it. And if the ruler himself did pricing He would be sinful in the sight of Allah (swt), because it is a prohibited (Haram) act. Every person of the citizens would have the right to complain to the Court of the Unjust Acts (Mahkamat Al-Madhalim) against the ruler who makes pricing, whether He was a governor (Wali) or Khalifah. He complains to this court about this act in order to judge against Him and remove this unjust act (Madhlama).
禁止限价是普遍适用于所有商品的,因此食品与其他商品之间并无区别。原因在于,圣训绝对地禁止限价,所以这些圣训是普遍性的(A'am)圣训,并且没有任何内容将其限定于食品或其他商品;因此,禁止限价是普遍的,从而包括对任何东西的限价。
Prohibiting pricing is general for all commodities, so there is no difference between the foodstuffs and others. This is the case because the Ahadith forbid pricing absolutely, so they are general (A’am) Ahadith and there is nothing that qualifies them with the foodstuffs or others; so prohibition of pricing is general, which thus includes the pricing of anything.
实际上,定价对整个民族而言是一项严重的哈拉姆(禁止之事),无论处于战争还是和平时期皆是如此。定价还会开启一个隐秘的市场,人们在政府看不见、监管不到的地方交易,这种市场被称为黑市。因此,价格会不断上涨,以至于富人独占商品,穷人则被排除在外。此外,定价会影响消费,进而影响生产,并可能导致经济危机。再者,人们对自己的财产拥有支配权,因为财产的所有权意味着他们可以自由处置它;而定价则意味着对他们强加限制(Hajr),这是不被允许的,除非依据一段明确的天启经文,而此事并不存在这样的经文。因此,不允许通过为人们的商品规定具体价格,并禁止他们以高于或低于该价格进行交易,从而对人们强加限制(Hajr)。
The reality of pricing is that it is a grave Haram upon the nation under all circumstances, whether in the situation of war or peace, or as it opens a hidden market in which people trade unseen by the government and away from its supervision; a market which is called the black market. Therefore, the prices increase such that the rich people would possess commodities to the exclusion of the poor. Moreover, pricing would have an affect on consumption, thereby affecting the production, and may lead to an economic crisis. Furthermore, people have control over their property, because ownership of property means that they have control over it whereas, pricing means forcing interdiction (Hajr) over them, a matter which is not allowed except through a divine text which does not exist in this case. So it is not allowed to force interdiction (Hajr) over people by putting specific prices for their commodities and preventing them from trading with higher or lower than that.
关于战争时期或政治危机期间物价上涨的情况,这要么是由于商品因被囤积垄断而在市场上无货可售,要么是由于商品在市场上短缺。如果其缺失是由于垄断,那么垄断已被真主(SWT)所禁止;如果是由于市场上的短缺,那么负责管理国家事务的哈里发必须努力从其他地方调运,使商品重新进入市场,从而防止物价上涨。
In regard to the prices that rise at the time of war, or during a political crisis, this results from either the non-availability of the commodities in the market because of their being hoarded as monopoly or because of their shortage. If their absence was due to monopoly, monopoly was prohibited by Allah (swt), and if it was due to their shortage in the market, then the Khalifah, who is ordered to look after the affairs of the nation, must strive to make them available in the market by bringing them from other places, and thus He would prevent the prices from rising.
在那个被称为“Ramadha”(灰烬)之年的饥荒年份,饥荒只发生在汉志地区,因为那一年粮食短缺,粮价因此上涨。欧麦尔·本·哈塔卜没有规定食品的价格。相反,他下令将埃及和沙姆的食品供应运往汉志,于是粮价下跌,无需定价。
In the famine year, which was called Ramadha (ashes) year, when famine occurred only in Hijaz due to food shortage in that year and thus food prices increased, ‘Umar ibn Al-Khattab did not fix the prices of the foodstuffs. Rather He ordered supplies of foodstuffs from Egypt and ash-Sham to be sent to the Hijaz; thus prices dropped without the need for pricing.