7.1 维持生计所需的财产
7.1 The need for Property for Sustenance
拥有财产的途径之一是对维持生计的财产的需要。这是因为生计是每个人的权利,因此他必须以权利的形式获得生计,而不是作为恩赐或恩惠。伊斯兰国公民获得生计的途径是工作。如果他难以找到工作,国家必须为他提供工作机会,因为国家是公民的看护者,并负有满足其需求的责任。先知ﷺ说:"伊玛目是牧人(ra'i),他对其臣民负有责任。"这段圣训由布哈里从伊本·欧麦尔处传述。如果他难以找到工作,或因疾病、年老或任何残疾原因而无法工作,那么他的生活供养就成为沙里阿所规定的、负有经济供养义务之人的责任。如果没有这样的人,或者有这样的人但其无力供养,那么公库(Bait ul-Mal)即国家便负有提供所需供养的责任。此外,这样的人还有另一项来自公库的权利,即天课。安拉说:
One of the means of ownership is the need of property for sustenance. This is because sustenance is a right for every human being, so He must have sustenance as a right for him, and not as a grant or as a favour. The means by which a citizen of the Islamic State secures his livelihood is work. If it is difficult for Him to find work, the State has to make it available for him, because it is the caretaker of the citizens and is responsible for supplying their needs. The Prophet (pbuh) said: “The Imam is a caretaker (ra’i), and He is responsible for his subjects,” narrated by Bukhari from Ibn Umar. If it was difficult for Him to find work or He was unable to work due to sickness, old age or due to any reason of disability, then his sustenance becomes a duty upon those whom Shari’ah made responsible for financially supporting him. If there was no such person, or there was one but He was unable to financially support him, then the Bait ul-Mal, or the State becomes responsible for providing the required support. Moreover, such a person has another right from the Bait ul-Mal, which is the Zakat. Allah said:
“在他们的财产中,有公认的权利,属于乞讨者和被剥夺者。”[《山阶章》:24-25] 这项权利是富裕之人必须履行的义务。安拉(SWT)在关于天课(Sadaqat)的经文中说:
“And in their wealth there is a right acknowledged. For the beggar and the destitute.” [Al-Ma’arij: 24-25] This right is obligatory upon the rich people who have to pay it. Allah (swt) says in the verse of Sadaqat:
“天课只归于贫穷的人和需要帮助的人……这是真主所命定的义务”[忏悔章:60],即一项义务性的权利。如果国家忽视了这项权利,穆斯林社群也忽视了督促国家履行职责,没有供养(扶助)需要帮助的人——尽管人们不应指望穆斯林社群会如此忽视——那么这个人就有权取得维持自身所需的任何东西,无论在哪里找到,无论是个人的财产还是国家的财产。在这种情况下,饥饿的人不允许吃腐肉,只要人们手中有可以吃的食物,因为当人们手中有他可以吃的食物时,他并不会因必需而去吃腐肉。然而,如果他无法获得食物,那么他为了保全性命,就可以吃腐肉。这是因为生计是获得财产的途径之一。在饥荒时期取用食物,沙里尔并不视之为应当斩手的盗窃。艾布·乌玛麦传述,先知ﷺ 说:“饥荒之时没有断手之刑。”沙里尔通过立法和指导两种方式,确立了人为维持生计而拥有财产的权利。伊玛目艾哈迈德传述,先知ﷺ 说:“任何社群,无论他们是谁,如果其中有人挨饿,真主——至尊至高的、吉庆的——就会将对他们的庇护收回。”拜discourse · 巴宎尔从艾奈斯传述,真主的使者ﷺ 说:“一个人吃饱睡去,而他的近邻却在挨饿,而他是知道的,那么此人就不是真正信我的人。”
“Alms are only for the poor and the needy.... a duty decreed by Allah” [At-Tauba: 60] i.e. an obligatory right. If the State neglected this right, and the Muslim community neglected to take the State to task and neglected to feed (support) the needy, though it is not expected that the Muslim community would neglect this, then this person has the right to take whatever He needs to support himself, from wherever He finds it, whether it was from an individual’s property or a State property. In such a case a hungry person is not allowed to eat carrion, as long as there is food with any of the people, as He is not driven by necessity to eat carrion when there is food in the hands of the people of which He can eat. However, if He could not obtain the food, then He is allowed to eat carrion to save his life. This is because the sustenance is one of the means to obtain property. Shar’a did not consider the taking of food in the time of famine as theft for which the hand must be amputated. It was narrated by Abu Umamah that the Prophet (pbuh) said: “There is no amputation in time of famine.” The right of the person to own property for sustenance was secured by the Shar’a through legislation as well as through direction. Imam Ahmad narrated that the Prophet (pbuh) said: “Any community, whosoever they are, if a person among them became hungry, they will be removed from the protection of Allah the Blessed, the Supreme.” Al-Bazzar narrated from Anas that the Messenger of Allah (pbuh) said: “The one who slept (satisfied) while his close neighbour was hungry, and He was aware of that, would not have believed in me truly.”