21.10 关于迪米(Dhimmi)的规则 - 伊斯兰人格 | Quran Course

21.10 关于迪米(Dhimmi)的规则 - 伊斯兰人格 | Quran Course

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21.10 关于迪米(Dhimmi)的规则

21.10 The Rules Of The Dhimmi

by Sheikh Taqīuddīn An-Nabahānī4 min readViewed 136 times

“Dhimmi”是指信奉伊斯兰教以外的宗教、并在伊斯兰教领土（Dar al Islam）中成为公民、同时仍保持其非伊斯兰信仰的人。“Dhimmi”一词源自“dhimmah”，其意为契约。他们处于我们的承诺之下：我们依照与他们所订立的停战条款对待他们，并依照伊斯兰的律例处理他们的交易和事务。伊斯兰教为dhimmah的民众制定了许多规定，其中包括：不得诱使他们脱离自己的宗教；他们只需缴纳吉兹亚税，除非停战条款中有附加条件，否则不得从他们身上取走此外的任何财物。据圣训记载，欧尔沃·本·祖拜尔传述说：安拉的使者ﷺ写信给也门人。

The dhimmi is the one who follows a deen other than Islam and becomes a citizen of the Dar al Islam while remaining in his deen other than Islam. “Dhimmi” is taken from the word “dhimmah” which means the covenant. They are upon our pledge that we treat them according to what we made truce with them upon, and that we run their transactions and affairs according to the rules of Islam. Islam came with many rules regarding the people of dhimmah. Among them is that they are not seduced from their religion, and they are only obliged to pay the jizyah so no wealth other than that is taken from them unless it is a condition of the truce conditions. It is narrated from Urwah bin As-Zubayr who said: The Messenger of Allah (saw) wrote to the people of Yemen

“凡信奉犹太教或基督教的人，不要诱使他们离开其信仰，他们应当缴纳贾兹亚税。”

“That whoever is upon Judaism or Christianity then they are not seduced from it and upon them is the jizyah”

允许dhimmis与穆斯林之间进行买卖、租赁、合伙、抵押等交易，二者之间不作区分，与穆斯林一视同仁。先知穆罕默德ﷺ曾与海拜尔的居民交易，他们是犹太人，条件是他们以自己的财产和身体耕种土地，并以所产出物的一半作为报酬。先知ﷺ曾从麦地那的一位犹太人那里购买食物，并以自己的铠甲作为抵押；他也曾向一位犹太人借两件衣服，约定等到宽裕之时归还。所有这些都证明，与dhimmis进行一切交易都是允许的，但在涉及租赁、买卖或抵押等交易时，必须仅依伊斯兰的律例执行；绝对不允许与非穆斯林之外的人进行此类交易。如此，伊斯兰国中的dhimmi公民与其他公民一样。他们享有公民权利、受到保护，其生命得到保障，受到善待、慈爱与温和的对待。他们有义务参加穆斯林的军队，与穆斯林一同作战，但作战对他们并非强制义务。他们与穆斯林一样享有公正，同样承担应尽的义务，且一视同仁。伊玛目和法官在处理他们的事务、执行交易与刑罚时，同样对待他们，因此，公正对他们和对穆斯林一样是必须的。

It is allowed to occur between the dhimmis and Muslims the transactions of buying, selling, renting, partnership, pledge etc. without distinction between them and the Muslims. The Messenger of Allah (saw) conducted business with the people of Khayber, and they were Jews, upon half of what is produced from the land upon condition that they work it with their wealth and bodies. The Messenger (saw) bought food from a Jew of Madinah and pledged to him his armour, and he sent to a Jew requiring two garments from him until a time of ease. All this is evidence upon the permissibility of all transactions occurring with dhimmis except when they are dealt with transaction related to renting, buying, and selling or pledging it is obligatory that the Islamic rules alone be implemented; it is absolutely not allowed to deal with other than them. In this way are the dhimmi citizens of the Islamic State like the rest of the citizens. For them is the right of citizenship, protection, guaranteeing their life, treating them well, kindness and softly. Upon them is to participate in the Muslims’ army and fight together with them but fighting is not obligatory upon them. For them is justice as for Muslims, and upon them is what is upon them as equity. They are considered by the Imam and judge in taking care of their affairs and when implementing the transactions and punishments just like the Muslims are looked upon without any distinction so justice is obligatory for them as it is obligatory for Muslims.

关于欧麦尔与他们所订立的盟约以及他对他们所附加的条件，他们就这些盟约与条件达成了停战协议，这些条件被写入了停战协议之中，而他们也对此表示满意。因此，履行该盟约应当按照其原样执行。然而，如果与他们的停战盟约并未包含明确陈述具体事项的specific条款，那么除非按照对待穆斯林的方式，或者仅按照经文规定对他们区别于穆斯林的对待（例如禁止他们与穆斯林女子结婚）来对待他们，否则便不允许与他们进行交易。欧麦尔的所作所为是依据其盟约内容的证据，就是欧麦尔（愿真主喜悦他）自己在商业税方面的做法。他从穆斯林那里征收四十分之一（即2.5%），而从迪米人那里征收二十分之一，尽管伊斯兰教法的规定是，不得从穆斯林或迪米人的经营活动中征收任何税款。来自阿布·阿勒-海尔的记载，他说：我听到鲁瓦伊菲·本·萨比特说：我听到安拉的使者（ﷺ）说：

As for what came about Umar’s pledge with them and his imposing conditions upon them, they made truce upon these pledges and these conditions were inserted in the truce and they were pleased with them. So it was compulsory to execute the covenant as it was. Whereas if the truce pledge with them does not include specific transactions stating specific matters, then it is not allowed to deal with them except as Muslims or deal with except for what the text came regarding treating them differently to what Muslims are dealt with such as the non-permissibility of their marrying Muslim women. The evidence that what Umar did was based upon what his pledge included is what Umar himself did in the tax on trade. He (ra) took quarter-tithe (2.5%) from Muslims and half-tithe from the dhimmis even though the Shari’ah rule is that nothing is taken from the Muslim or dhimmi as tax on his business. From Abu Al-Khayr who said: I heard Ruwayfi bin Thabit saying: I heard the Messenger of Allah (saw) saying: