获得所有权的另一种方式，是个人在未给予对等财产或付出劳动的情况下，从他人的财产中取得。这种方式包括五种类型。

Another means of ownership is that which the individuals take from the properties of others without giving an alternate property or an effort. This means includes five types.

1. 个人之间相互赠予的奖赏。这可以是在生前的赠与和礼物，也可以是死后遗嘱中的财产。艾哈迈德·伊本·沙阿卜·奈萨仪和伊本·易沙格在《先知传记》中转述，阿慕尔·伊本·舒艾卜从其父、其祖父处传述：当Hawazin的使团来见先知ﷺ，请求他归还他们作为战利品所得的财产时，先知ﷺ说："属于我和阿卜杜勒-穆塔利卜之子们的战利品归你们所有"，换言之，这是我对你们的赠予。伊本·阿撒基尔从艾布·胡莱赖传述，先知ﷺ还说："你们彼此互赠礼物，如此你们就会相互喜爱。"布哈里从伊本·阿拔斯传述，先知ﷺ说："我们不做恶的榜样；收回自己赠予之物的人，就像把自己呕吐物再吃回去的狗。"在赠予和礼物方面，异教徒与穆斯林并无区别。向异教徒赠送礼物是被允许的，接受他所赠之物，与接受穆斯林所赠之物一样。据阿思玛（艾布·伯克尔之女）传述，她说："我的母亲来看我，当时她仍是一位多神教徒（Mushrik），她属于先知ﷺ与古莱什人所订立的盟约（侯代比耶和约）之中，于是我请示先知ﷺ：'真主的先知啊！我的母亲对我有慈爱，我可以送她礼物吗？'他ﷺ说：'可以。'"布哈里传述，艾布·哈米德·萨尔迪说，艾伊莱的国王送给先知ﷺ一头白骡和一件袍子作为礼物。赠与（Hiba）和礼物（Hadiyyah）是生前自愿地转让财产，遗嘱（Wasiyah）的财产则是死后自愿地转让财产。真主（SWT）说：

1. Rewards which the individuals give to each other. This could be in their lifetime such as a grant and a gift, or after their death such as the property of a will. An-Nisai and Ibn Ishaq narrated in the Seerah of the Messenger of Allah (pbuh) from ’Amr ibn Shu’aib from his father, from his grandfather that when the delegates of Hawazin came to the Prophet (pbuh) and asked Him to return to them the properties which He had gained from them as spoils, the Prophet (pbuh) said: “The spoils which belong to me and to the sons of ’Abdul-Muttalib are for you,” in other words they are a grant from me to you. Ibn’ Asakir narrated from Abu Hurairah that the Prophet (pbuh) also said: “Exchange gifts amongst yourselves so that you love each other.” It was narrated by Bukhari from Ibn ’Abbas that the Prophet (pbuh) said: “We do not set the bad example; the one who claims back his grant is like the dog which returns back its vomit.” There is no difference between a disbeliever and a Muslim concerning the grant and the gift. Granting a gift to the disbeliever is permitted and accepting that which He gives is like accepting that which a Muslim gives. It is narrated from Asma, daughter of Abu Bakr, who said: “My mother visited me while she was still a polytheist (Mushrik), included in the covenant which the Messenger of Allah (pbuh) had with Quraish (Treaty of Hudaibiyyah), so I consulted the Prophet, ‘O Prophet (pbuh) of Allah! My mother has love for me, should I give her a present?’ He (pbuh) said: ‘Yes.’” Bukhari narrated from Abu Hameed As-Sa’idi, who said that the King of Ayla gave the Prophet (pbuh) a white mule and a dress as a gift. As the grant (Hiba) and the gift (Hadiyyah) are the voluntary giving of property during the lifetime, the property of the will (Wasiyah) is the voluntary giving of property after the death. Allah (swt) says,

“你们中有人临终时，如果遗留有财产，规定你们应当为父母和亲属立遗嘱。”{ 《古兰经》2:180 } 布哈里圣训实录记载，萨阿德·本·艾比·瓦games…… Let me correct that rendering to a clean version: “你们中有人临终时，如果遗留有财产，规定你们应当为父母和亲属立遗嘱。”{ 《古兰经》2:180 } 布哈里圣训实录中记载，萨阿德·本·艾比·瓦ess…… I apologize, I'm making errors. Here is the correct translation: “你们中有人临终时，如果遗留有财产，规定你们应当为父母和亲属立遗嘱。”{ 《古兰经》2:180 } 布哈里圣训实录中记载，萨阿德·本·艾比·瓦ッ卡斯说：“我在麦加患病，病重到接近死亡。先知（愿主赐福他并使他平安）来探望我。我说：‘安拉的使者啊，我有很多财产，除了我的女儿之外没有其他继承人。我可以留遗嘱三分之二的财产吗？’他说：‘不可以。’我说：‘一半可以吗？’他说：‘不可以。’我说：‘三分之一可以吗？’他说：‘三分之一已经很多了。给你的子女留下富足，比让他们贫困、向别人乞讨要好。’”因此，通过赠予、赠与或遗赠的方式，受赠人便获得了所被赠予、授予或遗赠之物的所有权。

“It is prescribed for you, when one of you approaches death, if you leave wealth, that it be bequeathed unto his parents and relatives.” [Al-Baqarah: 180] It was narrated by Bukhari that Sa’ad ibn Waqqas said: “I was ill once in Makkah to the point I was approaching death. The Prophet (pbuh) came to visit me. So I said: ‘O Messenger of Allah, I have great wealth, and nobody inherits from me except my daughter. Can I bequeath two thirds of my property?’ He (pbuh) said: ‘No.’ I said: ‘Half of it?’ He (pbuh) said: ‘No.’ I said: ‘One third of it?’ He (pbuh) said: ‘The third is big (enough). It is better to leave your children rich than to leave them poor and begging from the people.’” Thus the person, by the means of the gift, the grant or the bequeathed property, is given ownership of the thing gifted, granted or bequeathed to him.

2. 因人身受到伤害而应付给他的财产，例如血钱和伤害赔偿金。真主（SWT）说：

2. Property due to a person as a recompense for a harm which had befallen him, such as the blood money and the wound money. Allah (swt) said:

“凡误杀信士者，应释放一名信士为奴，并向被杀者的家属支付血金。”[《妇女章》：92] 奈萨仪圣训集载，先知ﷺ曾写信给也门人，并托阿慕尔·本·哈兹姆转交，信中写道：“杀人的血金为一百头骆驼。”关于伤害的赔偿金，奈萨仪从祖赫里传述，他从艾布·伯克尔·本·穆罕默德·本·阿慕尔·本·哈兹姆，从其父，再从其祖父传述：先知ﷺ曾写信给他说：“割掉鼻子、舌头、双唇、两个睾丸、阴茎、脊椎和双眼，均需支付血金。割掉一条腿，支付半数血金。伤及头部内部（甚至刮到头皮）的伤口，支付三分之一的血金；伤及腹腔内部或身体任何部位内部的伤口，同样支付三分之一的血金。打断骨头的伤口，赔偿十五头骆驼。”故意杀人者的血金，由凶手的继承人承担。伊本·马哲从阿慕尔·本·艾哈瓦斯传述，先知ﷺ说：“犯罪者只为自己的罪行负责。”至于非故意杀人，例如看似故意实则并非故意的杀人，或因过失造成的杀人，被杀者的继承人有权向凶手的近亲索取血金。布哈里从艾布·胡莱赖传述，他说：“侯载勒部族的两名妇女发生争吵，其中一人向另一人投掷石块，将其及其腹中的胎儿打死。她们向先知ﷺ申诉。先知ﷺ裁定，胎儿的血金为一名奴隶（男或女），而该妇女的血金由其近亲（‘阿给莱）承担。”“阿给莱”指承担“阿给勒”的人。这里的“阿给勒”即指血金。 “阿葵laĥ”（血亲赔偿承担者）包括凶手的所有近亲：父亲、儿子、兄弟、叔伯（父亲的兄弟）及其儿子。如果凶手没有“阿葵laĥ”，赔偿金则从公库（Bait ul-Mal）中支付，因为先知ﷺ曾从公库中支付了在海拜尔被杀的一位安沙尔人（Ansari）的血金。还有传述说，在欧麦尔（‘Umar）在位时，一名男子在人群中被杀，凶手不明。阿里对欧麦尔说：“信士长啊，穆斯林的血不应被白白浪费，请从公库中支付他的血金。” 至于伤害，例如头部或面部的骨折，或割断（截肢）身体的某个部位或一块肉，或使某种官能丧失，例如丧失听力、视力或理智，若某人遭受了上述任何一种伤害，他便依据每个部位在各种情况下的详细规定，有权获得相应的赔偿金。此人从被杀者的血金中，或因受损的部位、丧失的官能而应得的赔偿金中所得到的这笔钱或财产，即归此人所有。

“He who has killed a believer by mistake must set free a believing slave and pay the blood money to the family of the slain.” [An-Nisa: 92] An-Nisai narrated that the Prophet (pbuh) wrote a letter to the people of Yemen and He sent it with Amr ibn Hazm; it included “The blood money for the (killed) person is 100 camels.” With regards to the wounds money, An-Nisai narrated from al-Zuhri from Abu Bakr ibn Mohammed ibn ’Amr ibn Hazm from his father from his grandfather that the Prophet (pbuh) wrote to Him a letter saying: “The blood money is paid in case of the amputated nose, the tongue, the two lips, the two testicles, the penis, the spine and the two eyes. Half the blood money is paid for one leg. For the wound, which reaches inside the head (even scraping the scalp) one third of the blood money, and for the wound which reaches inside the stomach, or inside any member of the body one third of the blood money. In the wound which breaks the bones 15 camels.” The blood money for the one slain intentionally is due to his inheritors from the killer. It is narrated by ibn Majah from ’Amr ibn Al-Ahwas that the Prophet (pbuh) said: “The one who incurs a crime does that on himself only.” In case of the non-intentional killing, like the killing which appears like it is intentional or that committed by mistake, the inheritors of the slain are entitled to claim the blood money from the close relatives of the killer. Bukhari narrated from Abu Hurairah, who said: “Two women from Hudhail quarrelled; one of them threw a stone at the other and killed her and the embryo in her womb. They complained to the Prophet (pbuh). He ruled that the blood money for the women’s embryo was a slave (male or female), and He ruled that the blood money of the woman was for her close relatives (’Aqilah).” ’Aqilah means the one who bears the ’Aqal. ’Aqal here means the blood money. ’Aqilah includes all the close relatives of the killer, fathers, sons, brothers, uncles (fathers’ brothers) and their sons. If the killer has no ’Aqilah, the blood money is taken from the Bait ul-Mal because the Messenger of Allah (pbuh) paid the blood money of the Ansari who was killed in Khaybar from the Bait ul- Mal. It was also narrated that a man was killed in a crowd at the time of ’Umar and his killer was not known so ’Ali said to ’Umar, “O Leader of Believers, no blood of a Muslim is wasted, so pay his blood money from the Bait ul-Mal.” Regarding wounds such as the breaks (fractures) of the head or the face, or the cutting (amputating) of a member of the body or a piece of flesh or, the disablement of a faculty such as the disabling of hearing, sight and mind where one of these wounds occurs to a person, then He deserves money on these wounds according to the detailed rules of each member in each case. By means of the blood money due to a person from the blood money of the slain or for the damaged member or for the faculty disabled, this person owns that money or property.

3. 婚姻聘礼以及婚约中应付给女方的其他附加事物（如房屋、礼物），依照婚姻的详细规定归女方所有。这笔财产并非一种交换的利益，因为夫妻双方相互交换的是利益（满足）。它实际上是依据沙里亚的经文而应当给付的。安拉（SWT）说：

3. The marriage money and other additional things (such as a house, gifts) of the marriage contract due to the woman are owned according to the detailed rules of marriage. This property is not an exchange of a benefit because the couples mutually exchange benefit (satisfaction). It is rather due through the Statement of Shar’ah. Allah (swt) said:

“并把你们的聘礼作为赠予，给你们的妻子”[《妇女章》4] 即心甘情愿地给予，并取得安拉所规定的那笔钱财。这笔钱财是一份礼物，因为夫妻双方彼此享受对方。艾哈迈德记载，安斯说：“阿卜杜勒·拉赫曼·本·奥夫穿着一件藏红花染色的衣服，先知ﷺ便说：‘你是否深深地爱上了她？’他说：‘安拉的使者啊，我娶了一位妇女。’先知ﷺ说：‘你给了她什么聘礼？’他说：‘一颗枣核重的黄金。’先知ﷺ说：‘愿安拉赐福于你。即使只用一只羊，也要办一次婚宴。’” 4. 拾得物（Luqatah）。如果一个人拾到了失物，就必须对此事加以审查。如果该物可以保存，并且可以向人描述，例如黄金、白银、首饰或衣物，而且不在禁地（天房）范围之内，那么允许拾取并据为己有。这是根据艾布·达乌德记载的，阿卜杜拉·本·阿慕尔·本·阿绥的传述：安拉的使者ﷺ被问及路上拾到的失物，他说：“如果在一条有人行走的道路上或在一个村庄里找到，你们必须宣布其特征，为期一年。如果失主来了，它就归他；否则就归你，而且你有责任像对待埋藏之宝那样（将五分之一交给国库）。”如果所拾之物是在禁地内找到的，则不被视为拾得物，因为根据阿卜杜勒·拉赫曼·本·奥斯曼所传的圣训，安拉的使者ﷺ禁止朝觐者拾取此类物品。在这种情况下，除了为失主保管之外，不允许拾取，因为安拉的使者ﷺ说：“除了正在寻找它的人，任何人都不得拾取失落之物。”此段由布哈里记载。

“And give unto women (whom you marry) free gift of their marriage portions” [An-Nisa: 4] i.e. willingly, and by taking the due money which Allah (swt) prescribed. This money is a gift, because each of the couple enjoys his partner. Ahmad narrated about Anas who said: “Abdurrahman ibn ’Awf was wearing a dress of saffron so He (pbuh) said: ‘Are you passionately in love?’ He said: ‘O Messenger of Allah, I have married a woman.’ The Prophet (pbuh) said: ‘What gift did you give to her?’ He said: ‘A date seed weight of gold.’ The Prophet (pbuh) said: ‘May Allah bless you. Make a feast even with one sheep.’” 4. The picked up property (Luqatah). If a person found a lost thing, the matter has to be examined. If the thing could be saved and be described to people such as gold, silver, jewellery or dresses, and it was away from the area of the Haram (the Ka’bah) then it is allowed to be picked up for possession. This is because of what Abu Dawud narrated from ’Abdullah ibn ’Amr ibn al-’As that the Messenger of Allah (pbuh) was asked about lost things picked up from the road and He said: “Whatever of it was found in a used road or a village, you have to announce its description for one year. If its owner came, it is his, otherwise it is yours, and there is duty on it as on hidden treasure (one-fifth to the State).” If the found thing was found in the Haram it is not considered Luqatah because the Luqatah of the Haram is prohibited according to what came in the Hadith narrated from ’Abdurrahman ibn ’Uthman that the Messenger of Allah (pbuh) forbade the Hajj (pilgrim) from picking such things. In that case it is not permitted to pick it except to protect it for its owner because the Messenger of Allah (pbuh) said: “No one is allowed to pick a fallen thing except the one who is looking for it,” as narrated by Bukhari.

如果所拾之物属于不能长久保存、否则就会变质不宜食用的东西，比如甜瓜之类的食物，那么拾到者可以在两种做法中选择：或者吃掉它，并将其价值赔偿给失主（如果失主出现的话）；或者出售它，并将所得的价款保留一年。以上这些都是针对“拾遗物”（Luqatah）而言的，即通常会被失主认领、因为它有价值、而失主若遗失了它也不会置之不理的物品。如果是微不足道的东西，比如一个水果、一块食物（一口之量）之类，则不需要宣布其特征，拾到者可以立即据为己有。

If the found thing was not of the kind that can be saved as it will not remain suitable, like for example, food such as a melon and the like, then the person has a choice between eating it and paying its price to its owner if found, or selling it and keeping its price for one year. All this is in the case of Luqatah (a picked thing) which would usually be claimed as it has a value and its owner would not have ignored it if it was lost. If it was of the trivial things such as a piece of fruit or a piece of food (mouthfuls worth) and the like, He does not need to announce its description and He may own it at once.

5. 授予哈里发以及被视为从事统治工作之人的报酬。这并非作为他们工作的交换而给予，而是作为对他们不能从事自身生意的补偿。这些统治者自接受之时起即拥有该财产，因为安拉（SWT）使其对他们而言是合法的。艾布·伯克尔曾在被要求全力处理穆斯林事务、因而无法经商时，取得了一笔财产作为补偿，圣门弟子们就此达成了一致意见（Ijma'a）。

5. Recompense given to the Khalifah and those whose work is considered to be ruling. This is not given to them in exchange for their work, but rather as a recompense for being prevented from practising their own business. These rulers own the property from the moment they take it because Allah (swt) made it Halal for them. Abu Bakr took a property as a recompense for being prevented from trading when He was asked to exert all of his effort in taking care of the Muslims affairs, and the Sahabah made Ijma’a on that.

这五类财产或权利——赠与、损害赔偿、婚姻中的聘礼、拾遗（Luqatah）以及给予统治者的报酬——在所有情况下，都不是以另一项财产或某种劳动作为交换而取得的。在这些情况下占有财产，是合法的所有权取得方式之一，借此，取得者便拥有所得之物。

All these five types or properties, the gift, recompense for damage, marriage money, Luqatah and recompense to the rulers, in all cases are not possessed in exchange for another property or for an effort. Possessing the property in these cases is one of the legal means of ownership by which the person owns the taken property.