第七节 第三种所有权取得方式
7 The Third Means of Ownership
国家赋予公民的财产
That which the State gives of its Properties to the Citizens
拥有财产的另一种方式是:国家从公库(Bait ul-Mal)中将财产赐予公民,以满足他们的需要,或借其所有权使社会受益。就满足需要而言,国家授予他们财产,使他们可以耕种土地或偿还债务。欧麦尔·本·黑塔卜曾将公库中的财产赐予伊拉克的农民,使他们借此在这些土地上播种,满足自身需要,且无需向国家偿还。立法者(沙尔阿)为负债者在天课财产中确立了一项权利:若他们无力偿还债务,便从中给予他们,以帮助其还债。安拉(SWT)说:
Another means of property ownership is that property which the State gives from the Bait ul-Mal properties to the citizens in order to meet their needs or to benefit the community by their ownership. With regard to the meeting of their needs, the State grants them properties with which they cultivate lands or repay their debts. ’Umar bin Al-Khattab gave properties from the Bait ul-Mal to the farmers in Iraq, by which He helped them to plant on this land and to meet their needs without being reimbursed from them. Shar’a made for the debtors a right in the Zakat property, from which they are given to repay their debts if they were unable to do so. Allah (swt) said:
“以及负债者。”[《忏悔》(Tawba):60]
“and the debtors.” [At-Tauba: 60],
关于从个人财产中使社会受益,这种情况发生于国家将其未利用的财产赐予公民之时,例如国家赐予无主之地。正如先知ﷺ在迁往麦地那时,将一些土地赐予艾布·伯克尔和欧麦尔。先知ﷺ还将奈基阿(al-Naqee’a)的一大片荒地赐予祖拜尔,范围以其马能奔跑所及为限;先知ﷺ又将一块有树木和棕榈树的土地赐予他。同样,在他之后的正统哈里发也将土地赐予穆斯林。国家赐予某人的这块土地,经由此赐予便成为其财产。因为社会需要这项财产带来的利益,需要促使个人善用这项财产,并通过其所有权,将其心智与体力的努力用于社会的福祉。这里所用的“赐封”(Iqta’a)一词,是语言学和法学上的含义,与人们熟知的封建“赐封”制度毫无关系,伊斯兰从未承认过那种制度。
With regards to benefiting the community from the individual property, this occurs when the State grants to its citizens from its unused properties, such as the State giving land, which has no owner. As the Prophet (pbuh) did when He gave Abu Bakr and ’Umar some land when He (pbuh) emigrated to Madinah. He (pbuh) also gave Az-Zubair a wide area of dead land of al-Naqee’a, as much as his horse could run in, and He (pbuh) also gave Him land which had trees and palms. Similarly the rightly guided Khulafaa after Him gave lands to the Muslims. This land which the State gives to the person becomes his property through this granting. For the community is in need of the benefit of this property, of facilitating the individual to utilise this property, and of employing his mental and physical efforts for the benefit of the community by means of its ownership. This term of granting (Iqta’a) used here is lingistic and jurist one, and it has no relation with the known feudal (Iqta’a) system which Islam never acknowledged.
国家从战利品中分给战士的部分,以及伊玛目允许他们保有的战争所得,也都属于国家赋予个人所拥有的例子。
What the State distributes amongst the warriors from the booties, and what the Imam allows them to hold of the war spoils are also examples of what the State grants to the individuals for them to own.