5 委任的助手(mu'awin al-tafwid)
5 The delegated assistants (mu’awin al-tafwid)
这些助手就是哈里发任命来协助他履行哈里发职责、承担哈里发事务的wazir(维齐尔,宰相)。哈里发职责繁多,尤其是在国家不断发展壮大的时候,这些事务若全由哈里发一人承担,将是沉重的负担。因此,他需要有人协助他分担这一重任,履行其职责。
The assistants are the wazirs whom the Khalifah appoints to assist him in discharging the tasks and responsibilities of the Khilafah. There are numerous tasks in the Khilafah, especially when the State is growing and expanding, and these would be a heavy burden for the Khalifah alone. Hence he needs people to help him in carrying this burden and discharging his responsibilities. .
不能不加限制地称他们为“瓦齐尔”,否则伊斯兰中“瓦齐尔”的含义就会与当今基于世俗、资本主义民主基础的人造制度,或我们今天所见其他制度中的含义相混淆。
It is invalid to call them wazirs without restriction, otherwise the meaning of wazir in Islam will be confused with its meaning in the current man made systems based on the secular, capitalist democratic basis, or other systems we observe today. .
授权的辅助官(mu'awin at-tafwid)是哈里发任命的瓦吉尔(wazir),他与哈里发共同承担统治和权力的责任。因此,哈里发将处理事务的权力委托给他,让他依据自己的见解处理事务,依据自己的伊吉particular(ijtihad)执行,并遵循伊斯兰教法的规定。由此,哈里发将对事务的总体审查以及总体代理权委托给他。
The delegate assistant or mu’awin at-tafwid is the wazir appointed by the Khalifah to carry with him the responsibility of ruling and authority. So, the Khalifah delegates to him the discharge of the affairs according to his own opinion and to execute them according to his own ijtihad, in accordance with the divine rules. Thus the Khalifah delegates to him general examination of the affairs and general deputyship. .
阿尔-哈基姆和at-提尔米兹圣训集从艾卜·赛义德·胡德里传述:安拉的使者ﷺ说:
Al-Hakim and at-Tirmidhi reported from Abi Sa’id al-Khudri that the Messenger of Allah (PBUH) said: .
“我在天上的两位大臣(wazirs)是Jibra’il和Mika’il,我在地上的两位大臣是Abu Bakr和‘Umar。”[Al-Hakim, al-Mustadrak, vol.1, p.10, #3046 和 Tirmidhi, Sunan, #3680]
“My two ministers (wazirs) from the heavens are Jibra’il and Mika’il and my two ministers on the earth are Abu Bakr and ‘Umar.” [Al-Hakim, al-Mustadrak, vol.1, p.10, #3046 and Tirmidhi, Sunan, #3680] .
“瓦兹尔”(wazir)一词在圣训中的意思是助手与辅佐者,这是它的语言学含义。《古兰经》中也以这一含义使用该词,正如安拉(SWT)所说:
The word ‘wazir’ in the Hadith means the helper and the assistant, which is the linguistic meaning. It has been used in the Qur’an with such a meaning when Allah (S.W.T) says: .
"赐我从我的家人中选一位辅臣。"[TMQ 20:29]
‘Give me a minister from my family.’ [TMQ 20:29].
它也指帮手和助手。圣训中的“wazir”一词是非限定的(mutlaq),涵盖任何事务上的任何帮助或协助。因此,他可以协助哈里发履行哈里发职权的各项职能和任务。阿布·赛义德·胡德里圣训并非专指在统治事务上的协助,因为吉卜利勒和米卡伊勒这两位从天上来的、穆罕默德使者(愿主赐福他并使他平安)的两位瓦齐尔,与他在统治的责任和职能上并无协助关系。因此,圣训中的“wazirai”(我的两位瓦齐尔)所指的,仅是其语言学意义,即我的两位助手。从这段圣训还可以理解,允许拥有不止一位助手。
It also means a helper and assistant. The word wazir in the Hadith is unrestricted (mutlaq) which includes any help or assistance in any matter. Therefore he can assist the Khalifah in the functions and the tasks of the Khilafah. The Hadith of Abi Sa’id al-Khudri is not specific to assistance in the matter of ruling, because Jibra’il and Mika’il, the two wazirs of the Messenger of Allah (PBUH) from heaven, have no relationship in helping him in the responsibilities and functions of ruling. Therefore the word wazirai (my two wazirs) in the hadith does not indicate other than the linguistic meaning, which is my two assistants. It is also understood from the hadith that it is allowed to have more than one assistant. .
虽然艾卜·伯克尔和欧麦尔似乎并未与安拉的使者一同承担治理之责,但他任命他们二人为自己的两位宰相,便赋予了他们在每件事上无限制地协助他的必要权力,其中包括治理事务和工作。艾卜·伯克尔成为哈里发后,任命欧麦尔·本·哈塔卜为其助手,他的协助十分明显。欧麦尔担任哈里发职位后,奥斯曼和阿里成为欧麦尔的助手,但他们在治理事务上似乎并未对欧麦尔起到任何协助作用。他们的处境与艾卜·伯克尔和欧麦尔与安拉的使者ﷺ时相似。奥斯曼在位时,阿里和麦尔万·本·哈凯姆是他的两位助手。
Though Abu Bakr and ‘Umar did not appear to have carried the task of ruling along with the Messenger of Allah (PBUH), appointing them as two wazirs to himself gives them the mandatory powers of assisting him in every matter without restriction, including the matters and tasks of ruling. After Abu Bakr became the Khalifah, he appointed ‘Umar b. al-Khattab as an assistant to him and his assistance was very evident. Once ‘Umar held the post of the Khilafah, ‘Uthman and ’Ali were ‘Umar’s assistants, but they did not appear to carry out any role of assistance to ‘Umar in the matters of ruling. Their situation was similar to that of Abu Bakr and ‘Umar with the Messenger of Allah (PBUH). At the time of ‘Uthman, ’Ali and Marwan b. al-Hakam were his two assistants. .
然而,阿里对一些事务感到不满,因此保持了疏远。然而,marwan ibn Al-Hakam明显地协助了奥斯曼处理统治事务。如果这位受托的助手诚实可靠,他将对哈里发大有裨益。他会提醒哈里发一切善事,并帮助他去执行。据阿伊莎(愿真主喜悦她)传述,安拉的使者ﷺ说:.
However ’Ali was unhappy about some affairs, so he remained distant. However, Marwan ibn Al-Hakam quite evidently assisted ‘Uthman in the tasks of ruling. If the delegate assistant was honest, he would be of great advantage to the Khalifah. He would remind him of everything good and help him in its execution. It was narrated from Aisha (ra) that the Messenger of Allah (PBUH) said: .
“如果安拉希望让埃米尔得到好处,祂就会为他安排一位诚实的宰相。当他忘记某事时,宰相会提醒他;如果他记得,宰相就会协助他去做。如果安拉希望给他别的结果,祂就会为他安排一位糟糕的宰相。当他忘记某事时,宰相不会提醒他;即便他记得,也不会协助他去做。”[艾卜·达伍德,《逊南》,第2932条] 艾哈迈德在《穆斯南德》中也有转述。奈瓦维说其传述链良好(jayyid),拜札尔也通过其传述链转述此段,海赛米对此说:“其传述人皆为沙希德(sahih)。”
“If Allah wished something good to the amir he would make for him an honest wazir. When he forgets something, he would remind him, and if he remembered it he would help him in it. If Allah wished to him something else, he would make for him a bad wazir. When he forgets something, he would not remind him, and if he remembered it he would not help him in it.” [Abu Dawud, Sunan, #2932]It was narrated by Ahmad [in the Musnad]. Al-Nawawi said its isnad is good (jayyid) and Al-Bazzar narrated through his isnad regarding which Al-Haythami said: “its transmitters are all sahih”. .
通过考察先知时期以及四大哈里发时期助手的工作情况,我们发现,助手可以被指派处理特定事务,在这些事务上他有权进行全面的审查;他也可以被任命全面处理所有事务;他还可以被任命在某一特定地点负责全面审查,也可以被任命在多个地点负责全面审查。布哈里和穆斯林通过艾卜·胡莱赖传述,他说:
By examining the work of the assistant at the time of the Messenger (PBUH) and the time of the khulafa’ al-rashidun, we find the assistant might be assigned to specific issues, where he is entitled of their general examination. He might also be appointed to have general examination in all the issues. He can also be appointed in a (certain) place and has the task of general examination, as well as in various places with a task of general examination. It has been narrated by al-Bukhari and Muslim through Abu Hurayarah, he said: .
“安拉的使者ﷺ派遣欧麦尔负责天课(sadaqah)的征收。”[布哈里,《圣训实录》,第1468条;穆斯林,《圣训实录》,第2274条]。
“The Messenger of Allah (PBUH) sent ‘Umar as responsible for sadaqah.” [Bukhari, Sahih, #1468 and Muslim, Sahih, #2274] .
伊本·赫扎伊马和伊本·希班报道:
Ibn Khuzaymah and Ibn Hibban reported: .
当使者(PBUH)从吉兰那(Ji'ranah)的副朝归来时,他派遣艾布·伯克尔主持朝觐。[艾哈迈德·奈萨伊,《圣训集》,第2993条] Note on the rules: the original writes "the Messenger of Allah (PBUH)", so per the instructions the ﷺ should follow the Prophet mention. Correcting that: 当使者ﷺ(PBUH)从吉兰那(Ji'ranah)的副朝归来时,他派遣艾布·伯克尔主持朝觐。[艾哈迈德·奈萨伊,《圣训集》,第2993条]
“When the Messenger of Allah (PBUH) returned back from the umrah of Ji’ranah, he sent Abu Bakr responsible for hajj.” [Al-Nasa’i, Sunan, #2993] .
这意味着,在先知(愿主赐予他平安)在世时,艾布·伯克尔和欧麦尔(愿真主喜悦他们)这两位圣门弟子,被委以处理特定事务的全面督导之责,尽管他们是两位宰相(wazir),受任担负全面督导与代理之职,正如代理部所要求的那样。欧麦尔执政时期的阿里和奥斯曼也是如此。即便在艾布·伯克尔执政时期,欧麦尔对艾布·伯克尔的辅助在全面督导与代理方面也十分明显,以至于一些圣门弟子对艾布·伯克尔说:“我们不知道谁是哈里发?是欧麦尔还是你?”然而,艾布·伯克尔在某些时期任命欧麦尔担任司法职务,正如拜海截(al-Bayhaqi)所载、经哈菲兹(伊本·哈哲尔·阿斯喀兰尼)印证的一则圣训所记录的那样。由此可知,从先知(愿主赐予他平安)的圣行以及其后的正统哈里发的做法中可以理解,宰相受托负责全面督导与代理之职。然而,允许将宰相指派到特定地区或特定任务上,正如先知(愿主赐予他平安)对艾布·伯克尔和欧麦尔所做的,也如艾布·伯克尔对欧麦尔所做的那样。这好比指派一位宰相负责哈里发国的北方地区,另一位负责南方地区。哈里发也可以将第一位宰相调任第二位宰相的职位,将第二位宰相调任第一位宰相的职位。他可以指派一位宰相负责某项特定任务,另一位负责另一项任务,只要他认为有利于协助哈里发。在这些情况下,宰相不需要新的任命,只需从一项任务调到另一项任务即可。因为他原本就受托负责全面督导与代理之职,而所有这些任务都属于他作为宰相的职权范围之内。 与总督(wali)不同:总督被委托在某一地方处理一般性事务,若调离该地,则不能继续履职,而需要重新任命,因为新的地方不在最初的任命范围之内。然而,助理(assistant)则被委托全面处理事务并授予代理权,因此他可以从一个地方调往另一个地方,而无需重新授权,因为他原本就被全面委托处理一切事务并授予代理权。
This means Abu Bakr and ‘Umar (ra), the two assistants of the Messenger of Allah (PBUH), were charged with general examination in specific tasks at the time of the Messenger of Allah (PBUH), though they were two assistants (wazirs) that were appointed with general examination and deputyship, as is required by the ministry of deputyship. This was the case of ’Ali and ‘Uthman at the time of ‘Umar. Even at the time of Abu Bakr, the assistance of ‘Umar to Abu Bakr was evident in the general examination and deputyship, to the point that some of the Sahabah said to Abu Bakr, “We do not know who the Khalifah is? Is it ‘Umar or you?’ Yet, Abu Bakr appointed ‘Umar in a post of judiciary in some periods, as it is reported by al-Bayhaqi through a narration which was corroborated by al-Hafiz [Ibn Hajar al- ‘Asqalani]. Thereupon, it is understood from the Seerah of the Messenger (PBUH) and the khulafa’ Rashidun after him that the assistant is entrusted with the general examination and deputyship. However, it is allowed that the assistant is designated to a specific place or task, as the Prophet (PBUH) did with Abu Bakr and ‘Umar, and as Abu Bakr did with ‘Umar. This is like appointing an assistant to follow up the northern regions whilst appointing another to follow up the southern regions of the Khilafah state. The Khalifah is allowed also to put the first assistant in the position of the second and the second in the position of the first. He can direct one assistant to a specific task, and another to a different task, anyway he deems fit to help the Khalifah. In such cases an assistant does not require a new designation; he needs only to be transferred from one task to another. This is because he is entrusted originally with the general examination and deputyship, and all of these tasks are within his appointment as an assistant. The assistant differs in this regard from the governor (wali), where the governor is entrusted with the general examination in one place without being transferred from it. In case he is transferred he would rather need new appointment, because the new place is not included in the first appointment. However, the assistant is entrusted with the general examination and deputyship, so he is allowed to be transferred from one place to another without the need of new deputyship, since he is in origin entrusted with the general examination and deputyship in all the tasks. .
由此可以理解,哈里发可以任命其助手为全国各地区的总代理,全面审查所有事务。然而,他也可以委派其承担特定职责,例如负责东部地区,另一人负责西部地区,依此类推。若设有多位受委派的助手,这种安排的重要性便显而易见,因为他们各自的职责不会相互冲突。
It is understood from all of this that the Khalifah appoints his assistant deputyship in all the regions of the state, with the general examination of all the tasks. However, he is allowed to charge him with a specific task, such as responsibility for the eastern districts, and another for the western districts, and so on. The importance of such an arrangement is evident in the case of having more than one delegated assistant, so their tasks would not conflict. .
由于哈里发需要不止一名副手协助,尤其是因为国家幅员辽阔,若让他们每一位都在全国各地执行任务,便会在履行职责时产生问题。原因在于,每位副手各自拥有的普遍监察权与代理权,可能导致彼此之间的干涉与冲突。
Since, the Khalifah will need more than one deputy assistant, particularly because of the vast size of the state, allowing each one of them to conduct tasks all over the state would create problems in discharging their tasks. This is due to the possibility of interference that results from the general examination and deputyship, which each one of them has. .
因此,我们采纳:
Therefore, we adopt: .
就任命而言:助理受托负责全州范围内的总体督察与代理职务。
• In terms of appointment: the assistant is entrusted with the general examination and deputyship, all over the state. .
• 就行动而言:他被委以国家某一地区的职责。这意味着哈里发国被划分为若干省(wilayaat),由受委派的助手分别治理。一位助手负责东部,另一位负责西部,第三位负责北部,依此类推。
• In terms of action: he is charged with a task in a part of the state. This means the Khilafah is divided into states (wilayaat) among the delegated assistants. One assistant would help in the east, while the other in the west, a third in the north, and so on. .
就转任而言:助理可以从一个地方调往另一个地方,也可以从一项任务转到另一项任务,而无需重新委任。他是基于其最初的委任而转任的,因为其委任的根本在于,他是一名获授权的助理,涵盖所有任务。
• In terms of transference: the assistant is transferred from one place to another and from one task to another without the need of new deputyship. He is rather transferred based on his first deputyship, for the origin of his deputyship is being a delegated assistant that covers all tasks.