31. 一切贿赂皆被禁止
31. All Bribery Is Forbidden
凡掌握某种权力、且该权力义务他为民众履行某项公益的人,他为执行该公益而收取的钱财,无论如何都是贿赂,而非报酬。报酬与贿赂的区别在于:报酬是为履行一件非其义务之事而收取的;贿赂则是为履行其义务应当履行之事而收取的,且并非来自为其行事之人的交换,或是为不履行其义务应当履行之事而收取的。因此,贿赂是指为使接受者执行其负有义务的公益,或使接受者因不做其应当去做之事而执行某种公益(无论该公益是正当的还是无效的)而付出的钱财。行贿者称为"行贿人"(rashi),受贿者称为"受贿人"(murtashi),居中斡旋者称为"中间人"(raish)。
Whoever possesses an authority which obliges upon him to fulfil a benefit among the people’s benefits, then the money which he takes in order to execute the benefit is bribery nor is it a wage in any way whatsoever. The distinction between the wage and bribery is that the wage is taken in exchange for undertaking an action which is not obliged upon him; as for bribery, it is taken in exchange for performing an action he is obliged to perform without exchange from the one for whose sake the action is performed or in exchange for not performing an action obliged upon him to perform. Accordingly bribery is the money given in order to carry out a benefit obliged upon the receiver to execute or to execute a benefit by the receiver not doing that which he is obliged to do, whether the benefit is right or something void. The payer of the bribe is called the (rashi), its receiver is the (murtashi) and the mediator between them is the (raish).
贿赂被明确的经文所禁止。艾哈迈德、艾布·达乌德、提尔米兹和伊本·马哲都从阿卜杜拉·本·阿穆尔处传述,他说:安拉的使者ﷺ说道
Bribery is forbidden by the explicit texts. Ahmad and Abu Dawud and Tirmidhi and ibn Majah narrated from Abdullah bin Amur who said: The Messenger of Allah (saw) said
“真主诅咒行贿者(rashi)和受贿者(murtashi)。”
“Allah cursed the briber (rashi) and bribe-taker (murtashi).”
艾哈迈德从Tawban处传述,他说:
Ahmad narrated from Tawban who said
真主的使者ﷺ诅咒行贿者、受贿者,以及在两者之间穿梭的中间人。
“The Messenger of Allah (saw) cursed the briber, bribe-taker and the mediator meaning the one who walks between the two.”
这些圣训是普遍性的,涵盖一切贿赂行为,无论是为了争取应得的权利还是为了谋取无效的事物,无论是为了排除伤害还是为了获取利益,为了消除强加的不公,都被禁止。并没有说贿赂之所以被禁止,是因为它是为了谋取虚假之物或背离真理;如果是这样,那就是被禁止的。而如果是为了追求真理、消除不公,则是被允许的。这种说法并不成立,因为这意味着禁止贿赂的律例是有其理由的:理由存在则律例存在,理由消失则律例消失。这是不正确的,因为所有禁止贿赂的经文,其禁令都不是基于任何理由。无论在其中还是在任何经文中,都不存在可以推导出来的理由。因此,其禁令是依据没有理由的明文经文,根本不存在任何理由。也不能说,当贿赂是从拥有权利的人那里取得,以便履行其权利时,这是允许的,因为这等于拿钱去做一件被允许的事,即履行权利。这种说法也不成立,因为禁止贿赂的经文是普遍性的,它们保持其普遍性,涵盖所有类型的贿赂。所以,如果有人想要specify并排除某些类型的贿赂,这一事项需要另外的经文来加以限定,因为经文只有通过《古兰经》或《圣训》中的经文才能被限定。没有相关经文出现,因此它仍然保持普遍性而未被限定。因此,所有类型的贿赂都被禁止,不论其目的是争取权利还是谋取无效之物,是消除或施加不公,是排除伤害还是获取利益,所有这些都包含在经文的普遍性之中。
These ahadith are general covering all bribery whether it is seeking a right or something null whether it is seeking to repel a harm or gain a benefit, to remove imposing injustice; all are forbidden. It is not said that bribery is forbidden because it is seeking something void or neglecting the truth, so if it like this then it is forbidden. Whereas if it is in seeking the truth of lifting injustice, then it is allowed. This is not said because this means that forbidding bribery came reasoned so if it exists the rule (‘illah) exists and when it departs the rule departs. This is not correct because all the texts which came forbidding bribery are not reasoned in their forbiddance by any reason. There does not exist therein or in any text what could be deduced there from as a reason. Accordingly its forbiddance is by the unreasoned explicit text so there is absolutely no reason for it. Nor is it said that when bribery is taken from the owner of a right to fulfil the right, it is permitted as it is taking money to perform an allowed action which is fulfilling the right. This is not said because the texts which forbade bribery came general so they remain in their generality covering all types of bribery. So if one wants to specify and exclude some types of bribery, this matter requires another text to specify them because the text is not specified except by a text of the Book or Sunnah. No text came so it remains general without specification. Hence all types of bribery are forbidden without distinction between its being in seeking a right or seeking something void, lifting or imposing injustice, repelling harm or achieving a benefit, all these enter under the generality of the text.
同样,在禁止贿赂方面,不论贿赂的对象是法官、官员、领导者,还是其他人,都没有区别,一律被禁止。也没有任何一处说,艾哈迈德从艾布·胡莱赖happy(愿安拉喜悦他)那里传述,他说:安拉的使者ﷺ说:
Similarly there is no distinction in forbidding bribery between it being to the judge or official or leader or other than these; all are forbidden. Nor is it said that Ahmad narrated from Abu Hurairah (ra) who said: The Messenger of Allah (saw) said:
"安拉在审判中诅咒了行贿者和受贿者。"
“Allah cursed the briber and bribe-taker in judgement”
这里所限定的是判断之事,因此绝对的内容适用于受限定的内容。之所以这样说,并非因为……(原文此处为"This is not said because the word whose description is considered a description is the absolute/unrestricted not the general word") 我们需要更准确地翻译: 这一说法并非因为被当作描述的那个词是绝对(无限定)之词而非一般之词。至于一般之词,其中发生的是特指(tansees,即明确指出其中某一个体),而非限定。因此,若有限定与之相伴,那属于明确指出其某个个体的类型,而不属于限定的类型。 所以,受贿者、行贿者和中介人都是一般之词,而非无限定之词。因此,他所说的"在判断中"并不构成对其的限定,使得其余圣训可以据此而适用。相反,这是明确指出其中的一个个体,这是通则。所以所有圣训都保持一般性,并维持其普遍性。 因此,一切贿赂都是被禁止的,无论是贿赂法官、官员还是其他人。贿赂警察以消除伤害,与贿赂法官无异;为了受雇于某公司或为了不被解雇而贿赂公司经理,与贿赂税务官或散布宣传品者以使其不予传播无异。贿赂工头以使其减轻工人的工作,或其他类似情形,例如商人的雇员因顾客的贿赂而为其在货物中挑选新货,或印刷厂的工人因作者的贿赂而在未经印刷厂主同意的情况下完善其作品。所有这些都属于贿赂,且都是被禁止的,因为这是以金钱换取其本应履行的职责,而该职责是为他人履行的,且并未从受益者那里获得任何交换。 同样属于贿赂的,还有人们向有权势者支付钱财,使其在官员面前为之说情,以达成其所需之事。收钱的并非官员本人,而是向官员说情的那个人;人们向他支付钱财,以换取其为之说情。 这也属于贿赂,因为这笔钱是为了换取对方执行一项本应无偿履行的义务,所以无论执行该利益的人是否亲自收取,它都是贿赂。认定一笔钱为贿赂的条件,并不在于收取者本人必须直接执行该利益;相反,认定其为贿赂的条件在于这笔钱是以执行某一行为为交换而给予的,无论收取者是他本人、他的朋友、他的上级、他的亲属、他的老板,还是其他人。因为认定钱款为贿赂的关键在于:它是作为交换,而支付给那个本应无偿执行该利益之人的。
So this is restricted in judgement so the absolute is applied on the restricted. This is not said because the word whose description is considered a description is the absolute/unrestricted not the general word. As for the general word, specification occurs therein not restriction; so if there comes a restriction with it then it is from the type of stating clearly (tansees) one of its units (afrad) not from the type of restriction. Hence the word briber, bribe-taker and mediator are general words and not unrestricted words, thus his statement “in judgement” is not a restriction for it such that the remaining ahadith are carried upon it. Rather it is stating clearly a unit among its units and this is the rule, so all the ahadith remain general and they remain in their generality. So all bribery is forbidden whether to the judge or official or others. Bribing the policeman to repel harm is like bribing the judge and the bribery of the director of a company so as to be employed therein or so that he is not dismissed is like bribing the collector of taxes or conveyor of propaganda so as not to convey it. Bribing the head of workers so as to lighten the work for them or other than that like bribing the worker of the trader given to him by the customer in exchange for selecting for him new goods among the goods, or the worker of the printing press by the writer of a book to perfect his work without the owner of the printing press. All these are bribery and all are forbidden because it is money taken in exchange for performing an action he is obliged to perform without exchange from the one on whose behalf he is performing the action. It enters into bribery what some of them pay to someone with authority before an official to use his influence before him to fulfil his need, but it is not the official who takes the money but rather the one taking the money is the one who talks to the official so money is paid to him in exchange for his talking to him. This is also bribery because this money is given in exchange for executing a benefit from the one upon whom it is obligatory to fulfil it so it is bribery whether the one who executed the benefit took it or not. It is not a condition in verifying the money being bribery that the one who directly performs the execution of the benefit; rather the condition in the money being bribery is that this money be given in exchange for executing the action whether the person who takes it or his friend or the one with authority before him or his relative or boss or other than these since the value in verifying the money being bribery is that it is taken in exchange for executing a benefit to be executed without exchange from the one executing it.
“先知ﷺ委派伊本·鲁特比耶去收取白努·苏莱姆的天课。他来见安拉的使者ﷺ,并向他交账时说:‘这是属于你们的,这是人家送给我的礼物。’于是安拉的使者ﷺ说:‘如果你是诚实的,为什么你不坐在你父亲的家里和你母亲的家里,等着你的礼物送到你手里呢?’随后,安拉的使者ﷺ站起来向众人发表演说。他赞颂安拉,并尊崇祂,然后说:‘至于下文,我确实从你们中委派了一些人,去处理安拉委托我处理的事务。然后,你们中的一个人来到我面前说:“这是属于你们的,这是人家送给我的礼物。”如果他是诚实的,为什么他不坐在他父亲的家里和他母亲的家里,等着他的礼物送到他手里呢?以安拉起誓,你们中的任何人如果无权而取其中的任何东西,他都将在复活日背负着它到来。’”
“That the Prophet (saw) appointed ibn al-Lutaybiyya upon the sadaqat of Banu Sulaym. When he came to the Messenger of Allah (saw) and he accounted him, he said: This is what is for you and this is a gift gifted to me. So the Messenger of Allah (saw) said: ‘Why did you not sit in the house of your father and the house of your mother until your gifts came to you if you are truthful?’ then the Messenger of Allah (saw) stood and gave a khutbah to the people. He praised Allah and extolled Him then said: ‘As for what follows, verily I appointed men from among you upon matter over which Allah appointed me. Then one of you comes to me saying: ‘This is for you and this is a gift presented to me.’ Why did he not sit in the house of his father and the house of his mother until his gifts came to him if he is truthful? For by Allah, none of you will take anything from it without due right except that he will come carrying it on the Day of Judgement.’”
从布赖达(Buraydah)传述,先知ﷺ说:
From Buraydah from the Prophet (saw) who said:
“凡我们委派他办事并给予他俸禄(rizq)的人,他在此之后所取得的,便是非法的财物。”
“Whoever we appointed upon work and provided sustenance (rizq) for him, then whatever he takes after that is illicit wealth”
或者,使者(saw)称之为"suht"(非法所得),即被禁止的钱财。Al-Khateeb在《Talkhis Al-Mutashabbih》中从Anas处引述,先知ﷺ曾说:
Or the Messenger (saw) had called it suht (illegal) which is forbidden money. Al-Khateeb extracted in Talkhis Al-Mutashabbih from Anas that the Prophet (saw) said:
“官员的礼物是苏哈特(非法的)。”
“The gift of governors is suht (illegal).”
据传,马斯鲁格(Masruq)曾询问伊本·麦斯欧德(ibn Masoud)关于“苏ht”(非法所得)的问题,问道:这是否就是贿赂?他说:“不是,但苏ht(非法所得)是指一个人为了获得不公正的帮助而送你礼物,你不要接受。” 塔比认的伊玛目之一、阿布·瓦伊勒·沙吉格·本·萨拉马(Abu Wail Shaqeeq bin Salamah)说:“如果法官接受了礼物,那他就吃了苏ht(非法财物)。如果他接受了贿赂,那他就因此而遭受了(惩罚)。” 所有这些圣训——阿布·哈米德的圣训、布赖达的圣训和艾奈斯的圣训——都明确表明,送给监督普遍事务之人的礼物是被禁止的,无论这些礼物是在其执行某项具体事务之后还是之前送达的,无论是因为他是任何事务中的掌权者而送给他的,还是因为他对执行利益之人拥有权威而送给他的;所有这些情况都是被禁止的。“礼物”一词出现在这样的圣训中:
It is related about Masruq from ibn Masoud that he was asked about suht (illegal), is it bribery? He said: ‘No, but suht (illegal) is that a man seeks assistance upon an injustice so he gives you a gift. Do not accept it.’ Abu Wail Shaqeeq bin Salamah, one of the Imams of the Tabi’in, said: “If the judge takes the gift, then he has eaten suht (illegal wealth). And if he takes bribery, then he has reached thereby.’ All these ahadith—the hadith of Abu Hamid and the hadith of Buraydah and the hadith of Anas—all of them are explicit in that the gifts presented to the one supervising the general actions are forbidden whether it is presided after performing a specific action or before performing it, or it is presented to him because he is the one in authority in any matter, or it is presented to him because he has authority with the one in whose hands are executing the benefits; all these are forbidden. The word gifts came in the hadith of:
“给予官员的礼物属于(suht),是非法的”
“The gifts to the governors is (suht) (illegal)”
所谓礼物,一般涵盖送给官员的一切礼物。这可以类推到所有负责执行民众利益事务的官员身上,他们有义务在不向受益者索取回报的情况下执行这些事务。他们不得收受礼物,也不得让受其服务之人送礼。警察、公司经理、工人领袖以及与他们类似的人,同样不得收受礼物,他们所收的礼物都属于贿赂(suht),是非法的。
Is general covering all gifts to governors. Analogised upon all the governors who are supervising the execution of the people’s benefit who are obliged to execute them without exchange taken from the one for whom it is executed; it is forbidden for them to take a gift or a gift be taken from those for whom this benefit is being executed. The policeman, head of a company, leader of workers, and whoever is like them; it is forbidden for them to take gifts and the gifts for them are (suht) (illegal).
然而,若送礼者并非惯常向这些人送礼,则向他们送礼是被禁止的。但如果送礼者惯常向他们送礼,无论他们是否在负责办理相关事务,那么这种礼物对他们来说是允许的,并无任何过失。这是因为使者(愿主赐他平安)在圣训中说:
However, the gift to these people is forbidden if it is not the custom of the one giving the gift to present it to them. However, if it was of his custom to gift to them whether they were supervising the execution of benefits or not, then the gift is permitted for them without any blame in it. This is because the Messenger (saw) says in the hadith:
“你们如果说的是实话,那为什么不待在你们父亲的家里和你们母亲的家里,直到你们的礼物送到你们手上呢?”
“Why did you not sit in the house of your father and the house of your mother until your gifts came to you if you are truthful?”
它的理解是:在父母家中、并非作为管理者而坐着的人所收到的礼物是被允许的。这意味着,这种礼物的性质是:其赠送者即使不负责管理,也会把它赠给该人;因此,在他负责管理利益的分配之时,它与他不负责管理之时一样被允许。所以禁止的圣训不适用于它,并且它被圣训的理解所排除在外。
Its understanding is that the gift which is gifted to him while he sits in the house of his father and his mother without being a governor is permitted. This means that this gift, whose affair is that its presenter would gift it to the person if he were not supervising, is permitted in the situation of his supervising the execution of benefits as it is permitted in the situation of his not supervising the execution of benefits. So the ahadith of prohibition do not apply upon it and it is excluded by the understanding of the hadith.