其含义是:穆斯林不因异教徒而被处死,立约者(受保护的非穆斯林)也不因异教徒而被处死。既然立约者是异教徒,就必然导致"异教徒"一词的含义是交战的异教徒,即立约的异教徒不因交战的异教徒而被处死。因此,这段圣训的意思是:穆斯林不因交战的异教徒而被处死,立约者也不因交战的异教徒而被处死;其理解为:穆斯林因非交战的异教徒而被处死,立约者也因非交战的异教徒而被处死。立约者是异教徒,而他与不因异教徒被处死的穆斯林相似,这表明圣训中"异教徒"一词的含义是交战的异教徒,而非受保护者(归顺者)。这一点也得到了如下传述的加强:有一名穆斯林被带到安拉的使者ﷺ面前,他曾杀死了一名犹太人,于是使者ﷺ将他处死。理解的这种差异导致了律例的差异。许多经文和圣训的情况也是如此。一条律例上的意见分歧,使穆斯林不得不在其中采纳一种意见,因为它们都是沙利亚的律例,而安拉对某一个人的律例不可能有多于一种。因此,必须在其中specify一种律例予以采纳;穆斯林遵守沙利亚律例是必不可少的,当一个人实施某种行为时,丝毫没有任何方式可以逃避这一点。仅仅是遵行某一律例的义务——无论它是必须的、推荐的、禁止的、厌恶的还是允许的——就要求采纳一个特定的律例。因此,每位穆斯林都有义务采纳某一律例,无论他是穆জতাহিদ(独立判断的学者)还是追随者(穆until),无论他是否为哈里发。当他采纳某一特定律例时,这一沙利亚律例便成为安拉对他的律例,他就有义务仅依据它行事、将其教授给众人,并以此为基础宣讲伊斯兰。 这是因为穆斯林采纳某一规定的含义,在于依照它去行事、把它教给他人,并在他宣讲伊斯兰的律例与思想时加以呼吁。穆斯林一旦采纳某项具体规定,这项规定本身就成为安拉对他的律例,他除非在以下三种情况下,否则不得背离它:
第一,如果他明确看出该意见证据薄弱,并出现了比归于它的证据更有力的证据,表明安拉的律例是更有力证据所指示的那一条。在这种情况下,他有义务放弃自己所采纳的意见,改采新的意见,因为它已成为安拉对他的律例。
第二,如果他认为,新的意见是由一位在推论上比他更有学识、推理更为精确,或对沙里亚知识更为全面的人所采纳的。在这种情况下,他可以放弃自己所采纳的意见,改采别的意见,这有著名圣门弟子的事迹为证:他们放弃了自己的意见而采纳了他人的意见。艾布·伯克尔(愿安拉喜悦他)采纳了阿里(愿安拉喜悦他)的意见并放弃了自己的意见;欧麦尔(愿安拉喜悦他)也采纳了阿里(愿安拉喜悦他)的意见并放弃了自己的意见。
第三,如果目的是使穆斯林的立场统一于某一意见。在这种情况下,穆斯林可以放弃自己所采纳的意见,改采他希望借以统一穆斯林立场的那一意见,这有奥斯曼的事迹为证:他同意以安拉的经典、其使者的逊奈,以及在他之后的两位长老艾布·伯克尔和欧麦尔的意见,要求民众宣誓效忠。圣门弟子们同意他的做法,即放弃自己所采纳的意见,改采艾布·伯克尔和欧麦尔所采纳的意见。 在这些情况下,穆斯林可以放弃他所采纳的,转而采纳另一种;除此之外,他不得以任何方式放弃它,因为沙里亚(Shari'ah)是针对每一个个体的,每位穆斯林都应当采纳他通过伊吉提哈德(ijtihad)或遵循(taqleed)所得出的结论。一旦他采纳了,除沙里亚经训所排除的情况外,他就有义务遵守其所采纳的。
Its meaning is that a Muslim is not killed for a disbeliever, nor is the covenanted person killed for a disbeliever. Since the covenanted person is a disbeliever, it necessitates that the word disbeliever means belligerent i.e. the covenanted disbeliever is not killed for a belligerent disbeliever. So the hadith’s meaning is that the Muslim is not killed for a belligerent disbeliever, nor is a covenanted person killed for a belligerent disbeliever; its understanding is that the Muslim is killed for a non-belligerent disbeliever and the covenanted person is killed for a non belligerent disbeliever. The covenanted person is a disbeliever and his being like the Muslim who is not killed for a disbeliever indicated that the meaning of the word “disbeliever” in the hadith is the belligerent disbeliever not the dhimmi. This is strengthened by what is narrated that there was a Muslim brought to the Messenger of Allah (saw) who had killed a Jew so he killed him. With this variation in understanding, there is variation in the rule. The same applies to many ayat and ahadith. The difference of opinions in one rule makes it inevitable upon the Muslim to adopt one opinion among them as they are all Shari’ah rules and the rule of Allah in respect of one person cannot be more than one. Therefore it is inevitable to specify one rule among them to adopt, thus the Muslim’s adoption of the Shari’ah rules is essential and there is absolutely no escape from this in any way when one performs the action. The mere obligation of acting upon one rule whether it is obligatory or recommended or prohibited or disliked or allowed obliges the adoption of a specific rule. Therefore it is obligatory upon each Muslim to adopt whether he is a mujtahid or a follower (muqallid), Khalifah or not. When he adopts a specific rule, this Shari’ah rule becomes the rule of Allah upon him and it becomes obligatory upon him to act according to it alone, teach it to people and call to Islam based upon it. This is because the meaning of the Muslim’s adoption of the rule is to act according to it, teaching it to others and calling to it when he calls to the rules and thoughts of Islam. When the Muslim adopts a specific rule this rule becomes in itself the rule of Allah upon him, and it is not allowed for him to leave it except in three (cases): Firstly, if the weakness of the evidence becomes clear to him and there appears stronger evidence than its evidence which is attributed to him that the rule of Allah is that indicated by the stronger evidence. In this case, it is obliged upon him to leave what he adopted and to adopt the new opinion since it has become the rule of Allah upon him. Secondly: If he begins to think that the new opinion was adopted by one more knowledgeable than him in deduction and more precise in deduction or has more comprehensive knowledge about the Shar’a. In this case, it is allowed for him to leave what he adopted and adopt something else due to what is proved about the famous Sahabah who left their opinions and adopted the opinion of others. Abu Bakr (ra) adopted Ali’s (ra) opinion and left his opinion, and Umar (ra) adopted Ali’s (ra) opinion and left his own. Thirdly: If the intention is to unify the Muslims’ standpoint upon one opinion. In this case, it is allowed for the Muslim to leave the opinion he adopted and adopt the opinion which he wishes to unify the Muslims’ standpoint due to what was proved about Uthman who accepted to take the pledge from the people upon the Book of Allah and the Sunnah of His Messenger and the opinion(s) of the two Sheikhs after him, Abu Bakr and Umar. The Sahabah consented to him doing what he did which is leaving what he adopted and adopting what Abu Bakr (ra) and Umar (ra) had adopted. In these situations, the Muslim leaves what he adopted and adopt something else; apart from these (situations), he is not allowed to leave it in any way since the Shari’ah addressed each individual and it is upon each Muslim to adopt what he reached via ijtihad or following (taqleed). Once he adopted, he is obliged upon what he adopted save the situations excluded by the Shari’ah evidence.
这与每个人如何处理自己与自身的关系有关。至于哈里发负责照管乌玛的事务、承担统治者的职责,并在民众中确立安拉的法律,毫无疑问,他必须采纳特定的规则来指导民众的事务,使其依照这些规则行事。在对所有穆斯林普遍适用的事务上,即在统治和权力事务中,如天课、土地税(哈拉只)、对外关系,以及一切与国家和统治的统一相关的事项,他也必须采纳特定的规则。哈里发在这些情况下的采纳是义务性的而非可选的,因为这是一件与他所做之事相关的义务性事务:作为一名穆斯林,他有义务依照一项特定的规则,即安拉加在他身上的规则,来指导自己的一切行为。在这一点上,个人事务与公共事务并无区别。就统治和权力事务而言,它们属于照管事务中的基本行为,他有义务依照一项特定的规则来指导。至于与国家统一相关的事项,必须依照一项特定的规则来指导,因为国家的统一是义务,而通向它的每一项行为也都是义务。因此,对与之相关的一切事务采纳一项规则是义务,而非可选。至于超出上述范围的事项,哈里发可以采纳特定的规则,强制民众遵行,也可以不采纳。他将依据自己认为对穆斯林的福祉、伊斯兰的传播、教法的传授,以及对统治的公正和权威的强化更为有利的做法来行事。艾布·伯克尔(愿安拉喜悦他)确实采纳了沙里亚的规则,并要求民众遵行;此后,欧麦尔、奥斯曼和阿里(愿安拉喜悦他们)也采纳了规则,并要求民众遵行。 在整个时期,圣门弟子对此都保持沉默,没有任何一位圣门弟子被传闻反对哈里发采纳某些律例、强制民众遵行,并且反对不遵行自己所采纳的律例;尽管这属于被摒弃之事,因为它迫使人们放弃他们所采纳的律例,而那些律例是安拉(SWT)对他们的律法。因此,圣门弟子的一致意见(Ijma’a)是:哈里发可以采纳具体的律例,并强制民众遵行。所以,如果哈里发采纳了某些具体律例,无论它属于他有义务采纳的范围,还是属于他被允许采纳的范围,那么他统治下的每一位穆斯林都有义务依照此律例行事,并放弃依照他先前所采纳的律例行事。这是因为哈里发所采纳的,在行动层面上就成为安拉对他的律例。他不得违背它而行事;相反,即使它与他的所想相反,即使在他看来证据薄弱,他也有义务只依照它行事。这是基于圣门弟子的一致意见所作的结论:伊玛目可以采纳具体的律例,并命令遵行,穆斯林也有义务服从他,即使这与他们自己的伊蹟提哈德(Ijtihad)不同。关于此事,著名的伊斯兰教法原则如下:
This is in relation to each individual organising his relationships with himself. As for taking care of the affairs of the Ummah by the Khalifah, his undertaking the ruler’s responsibilities and establishing the rules of Allah upon the people, there is no doubt that he must adopt specific rules to direct the people’s affairs according to them. He must also adopt specific rules in what is general for all Muslims in all affairs in the affairs of ruling and authority like zakat, land tax (kharaj), foreign relationships and all that relate to the unity of the State and rule. Adoption in these situations by the Khalifah is obligatory not optional, because it is an obligatory matter in relation to the actions he undertakes in his capacity as a Muslim obliged to direct all his actions according to a specific rule which is the rule of Allah upon him. There is no difference in this between personal matters and public matters. In relation to the affairs of rule and authority, they are within the basic actions in taking care of the affairs which are obliged for him to direct according to one specific rule. As for what relates to the unity of the State, it must be directed according to one specific rule since the unity of the State is obligatory and each action leading to it is obligatory. Therefore adopting one rule for all that relates to it is obligatory, not optional. As for anything beyond that, it is allowed for the Khalifah to adopt specific rules to compel the people to act upon, and it is allowed for him not to adopt. He will act in this matter according to what he sees as more beneficial for the good of Muslims, strengthening the spread of Islam, teaching of its rules and more suitable for the justice of the rule and strength of the authority. Abu Bakr (ra) did adopt Shari’ah rules which he obliged upon the people, and Umar (ra), Uthman (ra) and Ali (ra) adopted rules after him which they obliged people to act upon. The Sahabah were silent about this throughout their time, and none of them was heard about rejecting the adoption of rules, obliging them upon the people and not acting upon rules they had adopted; even though it is from what is rejected since it is obliging people to leave the rules they adopt which are rules of Allah (swt) upon them. Thus, it is an Ijma’a of the Sahabah that the Khalifah can adopt specific rules and oblige people to act upon them. Therefore if the Khalifah adopts specific rules, whether they were within what he is obliged to adopt or in what he is allowed to adopt, it is obligatory upon every Muslim among his citizens to act according to this rule and leave acting upon the rule he had previously adopted. This is because what the Khalifah adopted became the rule of Allah upon him in respect of action. It is not permitted for him to act in contradiction to it; rather it is obligatory for him to act according to it alone even if it were contrary to what he thought and even if it were weak evidence in his view. This is due to what the Ijma’a of the Sahabah concluded that the Imam can adopt specific rules; commanded acting upon them and it is obliged for the Muslims to obey him even if it differed from their ijtihad. The famous Shari’ah principles about this are: