栽德派学说
The Zaydee Madh-hab
创立者:伊玛目宰德(公元700–740年)
The Founder: Imaam Zayd (700-740 CE)
该教派溯源于阿里·本·阿比·塔利卜的一位曾孙,即其子侯赛因的后裔。栽德伊玛目的父亲阿里·赞恩·阿比丁以其深厚的法学知识和圣训传述而闻名。栽德·本·阿里于公元700年生于麦地那,不久便成为阿利家族中最杰出的学者之一。他从所有亲属那里传述圣训,包括他的哥哥穆罕默德·巴盖尔。 [137] 栽德还通过前往伊拉克的其他主要学术中心来拓展知识,即库法、巴士拉和瓦西特。在那里,他与同时代的学者如艾布·哈尼法和苏富扬·萨乌里交流看法、切磋学问。
This Madh-hab traces its origin to one of ‘Alee ibn Abee Taalib’s great grandsons through his son al-Husayn. Imaam Zayd’s father, ‘Alee Zayn al-‘Aabideen, was well known for his great legal knowledge and his narration of Hadeeths. Born in al-Madeenah in the year 700 CE, Zayd ibn ‘Alee soon became one of the foremost scholars of the ‘Alawee family. He narrated Hadeeths from all of his relatives including his older brother, Muhammad al-Baaqir.137 Zayd expanded his knowledge by travelling to the other major centers of learning in Iraq, Kufah, Basrah and wasit, where he sat and exchanged views with his contemporaries like Abu Haneefah and Sufyaan ath-Thawree.
倭马亚哈里发希沙姆·伊本·阿卜杜勒-马立克(在位时间为公元724至743年)从不放过贬低和羞辱阿里后裔的机会,宰德·伊本·阿里尤其常常成为他辱骂的对象。
The Umayyad caliph, Hishaam ibn ‘Abdul-Malik (reign 724- 743 CE) never missed an opportunity to degrade and humiliate the ‘Alawee family and Zayd ibn ‘Alee was often singled out for abuse.
他不得未经该城总督允许离开麦地那城,他多次请求许可,却屡遭反复驳回。最终,在卡尔巴拉的惨剧之后,栽德成为阿里后裔中第一个试图从倭马亚家族手中夺取哈里发职位的人。他秘密前往库法,伊拉克、瓦西特及其他地方的什叶派信徒纷纷前来投奔,他开始筹备与倭马亚人作战。他的一些亲属警告他不要依赖库法人,因为正是他们背叛了伊玛目侯赛因,导致其过早殉难,但他没有听从这些劝告。在他的准备工作完成之前,其新的追随者之间发生了纷争,因为他们发现他不认为第一任哈里发艾布·伯克尔和欧麦尔是叛教者,并非从他祖父手中窃取哈里发之位的人。他的大多数追随者因此离他而去,并宣布他的侄子贾法尔·萨迪克为当时的伊玛目,而非栽德。
He was not allowed to leave the city of Madeenah without the permission of its governor and his repuests for permission were often turned down repeatedly. Eventually, Zayd became the first of ‘Alee’s descendants to try to wrest the caliphate from the Umayyads after the catstrophe at Karbalaa. He travelled sectetly to Kufah where he was joined by the Shi’ites of Iraq, Wasit and other places, and made preparation to do battle with the Umayyads. A number of his relatives warned him against depending on the Kufans, as it was their betrayal of Imaam Husayn which led to his untimely death, but he did not heed their warnings. Before his preparations were complete, disputes arose among his new followers when they found out that he did not consider the first caliphs, Abu Bakr and ‘Umar, to be apostates who stole the caliphate from his grandfather. The majority of his followers broke away from him and declared his nephew, Ja’far as-Sadiq, to be the Imaam of the time instead of Zayd.
希沙姆的军队趁乱发动了突袭,攻入库法。跟随伊玛目栈德的人只有四百多人,他们前来支援,随后爆发的战斗中,栈德被杀。138
Hishaam’s army took advantage of the confusion and made a surprise attack on Kufah. Only a little more than four hundred followers rallied to Imaam Zayd’s side and he was killed during the fighting which ensued. 138
栽德派学派的形成
Formation Of The Zaydee Madh-hab
伊玛目宰德是一位主要关注圣训传述和《古兰经》诵读的学者。他曾在麦地那、巴士拉、库法和瓦西特等城市的学术圈中讲学,因此拥有大量学生。宰德所采用的方法是传述圣训,并传授《古兰经》诵读的技艺。如果有人提出教法问题,他会加以解答,或选取其同时代学者的见解,例如法学家阿卜杜·拉赫曼·本·阿比·莱拉的观点。该学派的教法裁决并非由宰德本人口述或记录,而是由他的学生完成的。
Imaam Zayd was a scholar concerned mainly with the narration of Hadeeths and recitation of the Qur’aan. He taught in circles of learning in the cities of Madeenah, Basrah, Kufah and Wasit, and thus had a large number of students. The method used by Zayd was that of narrating Hadeeths and teaching the art of Qur’anic recitation. If legal questions were raised, he would solve them or choose an opinion of one of his contemporaries like the jurist ‘Abdur-Rahman ibn Abee Laylaa. The rulings of the Madh-hab were not dictated nor recorded by Zayd himself; but by his students.
渊源 Sources Of Law 的翻译不需要:这里按标题翻译为: Zaydi 学派(Madh-hab)所用的法律渊源
Sources Of Law Used By The Zaydee Madh-hab
法学家们在该教派中,依据伊玛目宰德的裁决,归纳出以下几项渊源,并以此为基础推导伊斯兰教法。
The jurists of the Madh-hab evolved the following Sources from Imaam Zayd’s rulings as the basis from which they deduced Islamic laws.
1. 《古兰经》
1. The Qur’aan
《古兰经》被视为伊斯兰教法的首要渊源。
The Qur’aan was considered the primary source of Islamic law.
现存的《古兰经》文本被认为是完整的,并无许多极端什叶派教派所声称的删减。
The existing cop0y of the Qur’aan was considered to be complete without any of the deletions claimed by many extremist Shi’ite sects.
2. 圣训(Sunnah)
2. The Sunnah
先知(s.w.)的言论、行为和默许被视为伊斯兰法的第二重要的来源。逊奈(Sunnah)并不局限于阿拉维家族或其追随者的传述,而是包括所有可靠的传述。
The sayings, actions and approvals of the Prophet (s.w.) were considered the second most important source of Islamic law. The Sunnah was not restricted to narrations of the ‘Alawee family or their followers, but included all reliable narration.
3. 阿里的言论
3. Aqwaal ‘Alee
据传,阿里·本·阿比·塔利卜的裁决和陈述,凡非纯属其个人见解者,都被栽德·伊玛目视为逊奈的一部分。也就是说,如果阿里没有表示或暗示那是他个人的意见,栽德便认为那出自先知(愿主福安之)。然而,栽德并不接受一切归于阿里名下的说法,有时他的裁决与所谓阿里的裁决相反。例如,据载阿里裁定可以从孤儿的财产中征收天课,而栽德则裁定不可以。
Rulings and statements of ‘Alee ibn Abee Taalib which were not merely his personal opinions were considered by Imaam Zayd to be a part of the Sunnah. That is, If ‘Alee did not say or imply that it was his opinion, then Zayd assumed that it was from the Prophet (s.w.). However, Zayd did not accept everything attributed to ‘Alee and somethimes made rulings contrary to what were claimed to be ‘Alee’s rulings. For example, it is reported that ‘Alee ruled that Zakaah could be collected from orphans while Zayd ruled that it could not.
4. 圣门弟子的公议(Ijmaa’)
4. Ijmaa’ Of The Sahaabah
Zayd承认圣门弟子的伊吉马尔(Ijmaa’,公议)是伊斯兰教法的渊源之一。因此,尽管他认为自己的祖父比哈里发艾布·伯克尔、欧麦尔和奥斯曼更适合担任领导,但圣门弟子对他们哈里发职位的一致认可,在他看来使其具有了法律上的约束力。
Zayd recognized the Ijmaa’ of the Sahaabah as a source of Islamic law. Hence, although he felt that his grandfather was better suited for leadership than Caliphs Abu Bakr, ‘Umar, and ‘Uthmaan, the unanimous acceptance of their caliphate by the Sahaabah made it, in his opinion, legally binding.
5. 类比(Qiyaas)
5. Qiyaas
按照该学派的法学家们的观点,无论是Istihsaan(istihsān,认为更好)原则还是Istislaah(istislāḥ,公共利益)原则,都包含某种形式的类比推理。因此,他们认为这两者属于另一学派所称的Qiyaan(qiyās,类比)的一部分。
According to the jurists of this Madh-hab, both the principles of Istihsaan and that of Istislaah involved a form of analogical deduction. Consequently, they considered them a part of what was known a Qiyaan in the other Madh-hab
6. 理智('Aql)
6. ‘Aql
人的理性在公元……年代被视为伊斯兰教法的一个渊源,用于那些前述渊源都无法适用的情形。少年时期的伊玛目栽德曾结识并师从瓦绥勒·本·阿塔(Waasil ibn ‘Ataa),后者是穆尔太齐賴学派的创立者。穆尔太齐赖派首先提出了“理智”(‘Aql)的原则:理智认为善的便是善,理智认为恶的便是恶。然而,依照穆尔太齐赖派的观点,“理智”紧随《古兰经》和圣训(Sunnah)之后,因此他们拒绝类比推理(Qiyaas),也不接受圣门弟子(Sahaabah)的意见;而伊玛目栽德则将“理智”原则置于最后,并承认类比推理。
Human intellect was considered as a source of Islamic law in ce where none o the previous sources was applicable. As a youth, Imaan Zayd had met and studied under Waasil ibn ‘Ataa, founder of the Mu’tazilite school of thought. The Mu’tazilites were the first to propound the principle of ‘Aql; whatever, the intellect considered good was good and whatever it consedered bad was bad. However, according to the Mu’taziah, ‘Aql came directly after the Qur’aan and Sunnah, and thus they rejected Qiyaas, as well as the opinions of the Sahaabah,139 whereas Imaam Zayd placed the principle of ‘Aql last and recognized Qiyaas.
栽德派学派的主要学生
Main Students Of The Zaydee Madh-hab
伊玛目宰德的学生记录了该教法学派(Madh-hab)。然而,他们也收录了阿拉维家族其他学者以及宰德同时代学者的裁决。
Imaam Zayd’s students recorded the Madh-hab. However, they also included the rulings of others scholars form the ‘Alawee family as well as Zayd’s contemporaries.
‘Amr ibn Hai是Imaam Zayd最著名的学生之一。他曾长期与Imaam Zayd一同居住在麦地那,并陪同他参加了大部分的旅行。‘Amr将Imaam Zayd的教导汇编成两部重要著作,名为《Majmoo’ al-Hadeeth》和《Majmoo’ al-Fiqh》。两者合称为《al-Majmoo’ al-Kabeer》。虽然《Majmoo’ al-Hadeeth》中的所有圣训叙述都来自“阿里家族”(‘Alawee family),但它们在著名的六大部圣训集中都有相应的叙述。
‘Amr ibn hai was perhaps the most famous of Imaam Zayd’s students. He spent a long time with him in Madeenah and accompanied him on most of his journeys. ‘Amr compiled Imaam Zayd’s teaching in two major works entitled Majmoo’ al-Hadeeth and Mjmoo’ al-Fiqh. Together they are called al-Majmoo’ alKabeer. Although all of the Hadeeth narrations in Majmoo’ alHadeeth are from the ‘Alawee family they all have corresponding narrations in the famous six books of Hadeeth.
《الهادي إلى الحق》,يحيى بن الحسين(公元860–911年)
Al-Haadee Elaa Al-Haqq, Yahyaa Ibn Al-Husayn (860-911 CE)
Zaydee学派并不局限于阿拉维家族侯赛因一支的裁决。因此,以学识闻名的卡西姆·伊本·易卜拉欣·哈桑尼(公元787–857年)的观点,也被纳入了Zaydee学派的裁决之中。然而,卡西姆的孙子、被推举为也门伊玛目的哈迪·伊莱·哈格(Al-Haadee elaa al-Haqq),对该学派产生了更为深远的影响。依照Zaydee学派建立的伊斯兰国家在也门得以确立,并使其根基稳固,延续至今。
The Zaydees did not restrict themselves to the rulings of the Husaynee side of the ‘Alawee family. Hence, the opinions of alQaasim ibn Ibraaheem al-Hasanee (787-857 CE), who became renowned for his scholarship, were also included in the rulings of the Zaydee Madh-hab. However, al-Qaasim’s grandson, al-Haadee elaa al-Haqq, who was made the Imaam of Yemen, made an even greater impact on the Madh-hab. An Islamic state was set up in Yemen according to the Zaydee Madh-hab which gave it a firm footing and ensured its survival till today.
阿尔-哈桑·伊本·阿里·阿尔-侯赛尼(公元845–917年)
Al-Hasan Ibn ‘Alee Al-Husaynee (845-917 CE)
被称为“an-Naasir al-Kabeer”的Al-Hasan,是al-Haadee的同时代人。他在Dailam和Jeelan传授栽德派教义。他是一位伟大的学者,其继承者视他为该教派的复兴者。140
Al-Hasan, known as an-Naasir al-Kabeer, was a contemporaryof alHaadee. He taught the Zaydee Madh-hab in Dailam and Jeelan. He was a great scholar and its considered by his successors as the reviver of the Madh-hab.140
栽德派教法学派的追随者
Followers Of The Zaydee Madh-hab
如今,这一学派的追随者主要分布在也门,那里的大多数居民都遵循此学派。
Today, the followers of this Madh-hab are mostly found in Yemen where it is the Madh-hab of the Majority of its inhabitans.