17.1 穆斯林任命哈里发的时限
17.1 The Time Limit Given For Muslims To Appoint A Khalifah
给穆斯林设定的任命哈里发的时限是两夜。因此,任何穆斯林都不允许在脖子上没有宣誓效忠(bay’ah)的情况下停留超过两夜。把上限定为两夜,是因为自前任哈里发死亡或被罢免的那一刻起,任命哈里发就成为法定义务(fard)。但允许在从事此事的同时将任命推迟两夜。如果推迟超过两夜,而穆斯林仍未建立哈里发制度,则需要对此事进行审查。如果穆斯林正忙于建立哈里发,但因无法抗拒的压倒性事务而未能在两夜内完成,那么罪责将从他们身上免除,因为他们正在履行义务,而是被强制力所迫才推迟的。先知ﷺ说:
The time limit given for Muslims to appoint a Khalifah is two nights. So no Muslim is allowed to stay for more than two nights without having a bay’ah on his neck. Making the upper limit as two nights is due to the fact that the appointment of a Khalifah is fard from the moment the previous Khalifah dies or is deposed. But it is allowed to delay the appointment while engaging in it for two nights. If the delay exceeded two nights and the Muslims did not establish a Khalifah, the matter is examined. If the Muslims were busy in establishing a Khalifah but could not complete it within two nights due to overpowering matters they couldn't resist, then the sin will drop from them because they are engaged in establishing the duty and they were forced to delay it by compelling power. The Prophet (saw) said:
“我的乌玛所犯的过错、遗忘和被迫之罪,已被除去。”
“The sin due to mistake, forgetfulness and compulsion is removed from my Ummah.”
但如果他们没有参与履行这一义务,那么在哈里发被设立之前,他们都将有罪;只有在此之后,这一义务才会从他们身上解除。然而,他们因疏于设立哈里发而犯下的罪过并不会因此消除,而是仍然留在他们身上,真主(SWT)将就此追究他们,正如祂追究任何穆斯林因怠于履行义务而犯下的违命之罪一样。
But if they were not engaged in performing the duty, then they will all be sinful until the Khalifah is appointed and only after that the fard will drop from them. But the sin they committed in neglecting the establishment of a Khalifah does not drop from them, it rather remains on them, and Allah (swt) will bring them to account for it the same way He (swt) brings any Muslim to account for any disobedience he commits when he neglects to perform a duty.
至于关于穆斯林被给予两个夜晚的期限来履行设立哈里发之义务的证据,它是圣门弟子的一致意见(伊查玛尔)。当圣门弟子得知先知ﷺ去世的消息后,他们(愿安拉喜悦他们)聚集在奈·萨伊达家族的庭院中,商议推选先知ﷺ继承人之事。他们在庭院中持续讨论,到第二天,他们把众人聚集到清真寺中以进行效忠宣誓(拜阿)。这一过程共耗时两个夜晚和三天。此外,当欧麦尔(愿安拉喜悦他)因刀伤而确信自己即将离世时,他把这件事托付给协商委员会(舒拉)的成员,并给了他们三天时间来选出新的哈里发。他建议,如果三天后就哈里发达成了一致,那么持异议者应在上述三天之后被处死。欧麦尔(愿安拉喜悦他)还授权五十名穆斯林执行这一行动,即处死持异议者,尽管他们都来自舒拉成员和杰出的圣门弟子之中。这一命令是在圣门弟子们面前发出的,且没有任何人被记载反对或不同意,因此,这便成为圣门弟子的一致意见,即穆斯林不得在没有哈里发的情况下停留超过两个夜晚和三天。圣门弟子的一致意见,与安拉的经典和安拉的使者ﷺ的圣训一样,是合法的沙里亚证据(达利勒)。
As for the evidence concerning the two night's time limit given to Muslims to perform the duty of establishing a Khalifah, it is the Ijma’a of the Sahabah. The Sahabah (ra) met in the courtyard of Banu Sa‘ida, to discuss the appointment of a successor to the Messenger of Allah (saw) as soon as the news of the death of the Prophet (saw) reached them. They kept discussing in the courtyard, and on the second day they gathered the people in the mosque in order to give the bay’ah. This consumed two nights and three days. In addition, when ‘Umar (ra) became certain that his death was imminent as a result of the stab wound, he entrusted the people of consultation (shura) and gave them three days to choose a new Khalifah. He recommended that if after the three days an agreement was reached about a Khalifah then the dissenter should be killed after the aforementioned three days. ‘Umar (ra) also empowered fifty Muslims to carry out this action i.e. to kill the dissenter, despite the fact they were from the people of shura and of the eminent Sahabah (ra). This order was given in the presence of the Sahabah (ra), and no one was reported to deny or disagree with it, so it becomes Ijma’a of the Sahabah (ra) that Muslims are not permitted to stay without a Khalifah for more than two nights and three days, and the Ijma’a of the Sahabah is a legitimate Shari’ah evidence (daleel) like the Qur’an and Sunnah of the Messenger of Allah (saw).