第八章 所有权的第四种途径
8 The Fourth Means Of Ownership
拥有财产的另一种方式,是国家从公库(Bait ul-Mal)中的财产拨给公民,以满足他们的需要,或借其所有权使社会受益。就满足其需要而言,国家将财产授予他们,使他们用以耕种土地或偿还债务。欧麦尔·本·哈塔卜曾从公库中拨出财产给伊拉克的农民,借此帮助他们在这片土地上耕种,并满足其需要,且不向他们收回。沙里亚为负债者在天课财产中设定了权利,若他们无力偿还债务,便从中给予他们,以偿还债务。安拉(Subhanahu wa Ta'ala)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。”[忏悔章:60]关于通过个人财产造福社会,指的是国家将其未利用的财产(例如没有主人的土地)授予公民。正如先知(愿主福安之)在迁往麦地那时,将一些土地赐给艾卜·伯克尔和欧麦尔一样。先知(愿主福安之)还将一大片荒地——纳基阿的死地——赐给祖拜尔,其范围为他的马能够奔跑的距离;他还赐给另一人一块有树木和棕榈树的土地。同样,在他之后的正统哈里发也将土地赐给穆斯林。国家授予某人的这块土地,经过这种授予便成为他的财产。因为社会需要这项财产带来的益处,需要促使个人利用这项财产,并通过其所有权,将他的脑力和体力投入到造福社会之中。这里所用的“授予”(Iqta'a)一词是语言学和法学意义上的,与人们所熟知的封建“Iqta'a”制度毫无关系,伊斯兰从未承认过那种制度。
“and the debtors.” [At-Tauba: 60] 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.
国家在战利品中分配给战士的份额,以及伊玛目允许他们保有的战争所获,同样是国家授予个人、使其拥有的例子。
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.