6.1 继承
6.1 Inheritance
另一种获得财产所有权的方式是继承。继承由《古兰经》的确定性(Qat’i)经文所确立,并有某些字面规定,这些规定不接受理性推论。虽然《古兰经》已经阐明了继承的细节,但这些细则仍属于大体的原则。安拉(SWT)说:
Another means of property ownership is inheritance, which is established by the definite (Qat’i) text of the Qur’an, and it has certain literal rules which are not subject to reasoning. Although the Qur’an has stated the details of inheritance, these detailed rules are general guidelines. Allah (swt) says,
“关于(遗产分配)你们的子女:男子所得相当于两个女子的份额;如果子女都是女子且多于两人,那么她们得遗产的三分之二。”[尼萨户:11]我们从这段经文中理解到许多规定。我们理解到,男性子女所得是女性子女所得的两倍。我们还理解到,在没有(在世的)子女的情况下,儿子的子女视同子女,因为儿子的子女被包括在“子女”一词之中。这与女儿的子女不同:在没有(在世的)子女的情况下,女儿的子女不视同子女,因为女儿的子女在语言上不被包括在“子女”一词之中。 我们还理解到,如果子女都是女子且多于两人,那么她们共享三分之二的遗产。先知ﷺ为两个女子规定了与多于两个女子相同的份额,圣门弟子们也就此事达成了公议(以智玛尔)。因此,关于两个女子的规定与关于多于两个女子的规定是相同的。这些规定都是从经文的一般含义中理解得出的。根据这些规定,继承人应得其应得的遗产份额。因此,拥有财产的途径之一便是继承,而继承的规则在《古兰经》、圣训以及圣门弟子的公议中都有详细规定。
“Concerning (the inheritance) for your children: to the male is the equivalent of the portion of two females, and if they (children) were women more than two, then theirs is two-thirds of the inheritance.” [An-Nisa: 11] We understand many rules from His speech. We understand that the male child takes double that which the female child takes. We also understand that the child of the son is treated as the child in cases where there are no (living) children, because the children of the male child (son) are included in the word ‘children.’ This is contrary to the children of the daughter, who are not treated like the children of the son where there are no (living) children. Because the children of the daughter are not included linguistically in the word ‘children.’We understand also that if the children were females, and more than two in number, then they share in twothirds of the inheritance. The Prophet (pbuh) made for the two females a portion equivalent to those who are more than two, and the Sahabah (companions) (ra) made Ijma’a (consensus) on that matter. So the rule in regard to the two females is the same rule for more than two females. These rules have been understood from the general meaning of the verse. According to these rules, the inheritor deserves his portion of the inheritance. Thus, one of the means of property ownership is the inheritance according to its rules, which are detailed in the Qur’an, Sunnah and the Ijma’a of the Sahabah (ra).
继承是财富得以分散的途径之一。财富的分散并非继承的伊利encoded(原因),而是其现实的体现。财富一旦被允许拥有,便可能在少数人手中于其生前积聚。为了使这种财富积聚不在其死后继续,就有必要设立一种将财富分配给众人的途径。从现实中可以观察到,继承正是自然地分散这些财富的途径。经过考察,可见通过继承使财富分散的情形有三种:
Inheritance is one of the means by which the wealth is broken up; though the breaking up of the wealth is not an Illah (reason) for the inheritance, rather it is a manifestation of its reality. Once the wealth has been allowed to be possessed, it may then accumulate in the hands of a few individuals during their life. In order that such accumulation of wealth does not continue after their death, it is then necessary to have a means to divide the wealth amongst the people. It is observed in reality that the inheritance is the means of dividing this wealth naturally. Through examination, it is apparent that there are three cases of inheritance by which the wealth is broken up:
a. 第一种情况是,继承人依照继承法获得全部遗产,财产全部在他们之间分配。
a. The first case is when the inheritors take the whole inheritance according to the laws of inheritance, whereby all the wealth is distributed amongst them.
b. 第二种情况是:依照继承法则,没有能够继承全部遗产的继承人。例如,丈夫去世后只留下妻子,或妻子去世后只留下丈夫。在这种情况下,妻子只取得遗产的四分之一,丈夫只取得遗产的一半,而两种情况下其余的遗产都归入公库(Bait ul-Mal)。
b. The second case is when there are no inheritors who are entitled to take the whole property according to the rules of inheritance. Such a case would be if a husband died leaving behind only a wife or a wife died leaving behind only a husband. In such instances the wife takes only a quarter of the inheritance, and the husband takes only half of the property, while the rest of the inheritance in both cases is left to the Bait ul-Mal.
c. 第三种情况是:完全没有任何继承人,在这种情况下,全部遗产归入公库(Bait ul-Mal),换言之,交由国家处置。
c. The third case is that when there is absolutely no inheritor at all, and in this case the whole property is put in the Bait ul-Mal, in other words it is left to the State.
这样,财富就被分散开来,财产转移到继承人手中,财产的流转在民众之间形成一个经济循环,继续进行下去。财产不会被保留在某一个人手中而使财富不断积聚。
The wealth is thus broken up and the property is transferred to the inheritors, where the exchange of the property resumes in an economic cycle amongst the people. The property is not kept in the hands of a particular person where the wealth accumulates.
继承是一种合法的财产所有权取得方式,因此任何继承某物的人都合法地拥有该物。由此可见,继承是伊斯兰教法所允许的财产所有权取得方式之一。
Inheritance is a legal means of property ownership, so anybody who inherits a thing owns it legally. Thus the inheritance is one of the means of property ownership, which the Islamic Shari’ah has permitted.