37.3 其 义务的 [al-wajib]
37.3 The obligatory [al-wajib]
"wājib"与"fard"两者含义相同,没有区别,二者是同义词。至于部分mujtahid所持的观点,即如果某一裁决由确定性证据(如《古兰经》和mutawātir圣训)确立,则为fard;如果由或然性证据(如孤立传述khabr al wāhid或类比推理qiyās)确立,则为wājib——这一主张是武断的,没有依据。语言和启示中都没有可以支持它的内容,而且把它当作持此观点者的约定术语也是不正确的,因为约定术语(istilāh)是将名称施于所指对象(musammayāt)之上,而此问题并不属于这一类,而是对某一特定所指的界定,因此它必须符合实际情况。该所指的实际情况,是立法者明确要求的事项,无论该要求是由确定性证据还是非确定性证据确立的。这一问题涉及的是对命令指向的说明,而不是对其确立方式的说明。 就其履行的时限而言,义务分为两种:可延展的义务(fard muwassa'),如salāt;以及限定的义务(fard mudayyaq),如sawm。如果为履行义务所给予的时间大于履行该义务所需的时间,例如Dhuhr拜,那么它就是可延展的义务。该时间的所有部分都构成履行该义务的时间,义务由此得以完成,其益处也得以获得。 可延展义务的证据是:先知ﷺ所说的,见于Abu Dāwūd所传圣训中的话——“Jibrīl在天房附近两次带领我拜功。他在太阳从天顶偏移约一根鞋带的长度时带我拜Dhuhr……”直至他说:“他在某物的影子是其两倍长时带我拜‘Asr。”这涵盖了上述时间的所有部分。 这段圣训的用意,并不是要求在时间的最初一刻就开始拜第一个时段的礼拜,也不是要求在时间的最后一刻才完成;也不是要求在所规定的整个时间的每一部分都有礼拜,以至于时间的任何部分都没有礼拜;更不是要确定时间中某一特定部分才是履行义务的时间。这是因为言辞中没有任何迹象表明这些含义。因此,除了以下含义之外,别无其他意思:时间的每一部分都可以用来履行义务,而应尽的人(мукаллаф)可以在这些时段中任选一个来履行。
The wājib and the fard have one meaning, without distinction; the two are synonymous. As for what some of the mujtahideen held that if the ruling is established by a definite evidence such as the Qur’an and the mutawātir hadith then it is fard, and if it is established by a preponderant [dhanni] evidence like the solitary report [khabr al wāhid] or legal analogy [qiyās] then it is wājib, then this position is arbitrary and without evidence. There is nothing in the language or the revelation to establish it, nor is it correct for this to be a conventional position for those who hold it, because convention [istilāh] is the application of names upon referents [musammayāt], and this issue is not of this sort, rather this matter is of the definition of a specific referent and thus it must be in accordance with the reality. The reality of this referent is that which the legislator decisively requested, regardless of whether that request was established by a definite or indefinite evidence. The issue is related to the indication of the address, not to its establishment. The obligation is of two types with respect to its fulfillment [ā’da’]: the expanded obligation [fard muwassa’] like the salāt and the confined obligation [fard mudayyaq] like the sawm. If the time granted for the performance of the obligation is greater than that required to perform it, like the duhr salāt for example, then it is an expanded obligation. All the parts of that time comprise the time for the performance of that obligation, whereby the obligation is fulfilled and its benefit acquired. An evidence for the expanded obligation is that the command to pray Dhuhr – his (saw) saying in the hadith related by Abu Dāwūd that, “Jibrīl led me in prayer twice near the House. He led me in Dhuhr when the Sun moved from its zenith by the size of a shoe lace…” until he said, “and he led me in ‘Asr when the shadow of a thing was twice its size.” This includes all the parts of the mentioned time. The intent of this hadith is not the implementation of the first act of the salāt in the first time and the last at its last, nor is it the performance of the salāt in every part of the mentioned time such that no part of it is without salāt, nor is it the specification of a particular part of the time in which the obligation is fulfilled. This is because there is no indication in the expression for any of these meanings. Hence there remains no meaning except that each part of the time is acceptable for the performance of the obligation, and that the mukallaf has the choice of performing it in any of these parts.
因此,义务在时间的每一部分都针对于mukallaf(负有责任者),他在时间的任何一部分履行此义务,即已尽了义务,并获得义务所带来的益处。然而,mukallaf必须打算在时限的第一部分履行此义务。如果他从礼拜的开始时间起推迟礼拜,但打算在其时限内礼拜,然后在时限结束前死去,那么他不会以罪人的身份去见安拉。至于如果他倾向于认为自己会在时限结束前死去,那么即使他没有死,他从礼拜开始时起推迟礼拜也是有罪的。这是因为在扩展性义务的情况下,mukallaf必须知道自己能够在规定的时限内履行它。如果他认为这将无法做到,那么推迟就是不被允许的。
Thus the obligation is upon the mukallaf in all the parts of the time, and his performance of it in any part thereof fulfills the obligation, and he gains the benefit of the obligation. However the mukallaf must intend to perform the obligation in the first part of its time. If he delays the prayer from its beginning but with the intention of praying it within its time and then dies before the time is over he does not meet Allah as a sinner. As for if he preponderantly thinks that he will die before the time is over, he is sinful in delaying the performance of the prayer from its beginning even if he does not die. This is because in the case of the expanded obligation the mukallaf must know that he is able to perform it within its allotted time. If he believes that this will not be possible then it delaying is not permissible.
基于这一理解,朝觐对于具备能力(istita'ah)的人来说是一项可以延后履行的义务。他在获得能力之后,可以随时履行。然而,如果他有较大把握认为,在完成朝觐之前将会失去这种能力,那么一旦意识到自己将会失去这种能力,他就必须立即履行。
Upon this understanding the Hajj is an expanded obligation upon the person having the means to perform it. He can perform it any time after attaining capability [istita’ah]. However if he preponderantly believes that he will lose this capability before he has performed the Hajj, then he must perform it immediately upon releasing that he will lose the capability.
所有这些情况都是指履行义务的时间超过了完成该义务所需的时间。至于时间不够的情况,例如斋戒(sawm)的情形,那么立即履行便是必须的,推迟则是不被允许的。推迟者有罪,并且必须补偿。 至于履行义务的要求(qiyām),它分为两种:个人义务(fard ‘ayn)和集体义务(fard kifāyah),二者在义务性上没有区别。两者的义务性相同,都是对行为执行的确定性要求。二者的区别在于:个人义务是要求每一个人作为个体去履行的,而集体义务是要求所有穆斯林作为一个整体去履行的。如果该行为已经得以确立,义务即告完成,无论是否由全体还是部分人履行。如果该行为尚未确立,则它仍然是每个人都负有的义务,直到它得以确立为止。
All of this is in the case that the time for the obligation is more than what is needed to perform it. As for if the time is not so, like with the sawn, then its immediate performance is obligatory, and delaying it is not permissible. The one who delays it is sinful, and he must make up for it. As for the obligation with respect to its performance [qiyām], it is of two types: the individual obligation [fard ‘ayn] and the collective obligation [fard kifāyah], and there is no distinction between the two in terms of obligation. The obligation is the same is both, and both are equally the decisive request for the performance of an action. The difference between the two is that the individual obligation is sought from each individual as an individual, whereas the collective obligation is sought from all the Muslims as a collective. If the action is established, the obligation is performed, regardless of it is performed by everyone or only some. If it is not established it remains an obligation on everyone until it is established.
这是就主体(行为者)而言的义务。就客体而言,义务分为两种:有选择的义务(wājib mukhayyar)和无选择的义务(wājib muhattam)。有选择的义务是指责任人可以在若干行为中选择履行其中之一。例如,安拉说:
This is the obligation with respect to the subject (the doer). As for with respect to the object, the obligation is of two types: wājib mukhayyar [obligation with options] and wājib muhattam [obligation without options]. The mukhayyar obligation is the one in which the mukallaf is given the choice between performing one of a number of actions. For example Allah says,
“真主不会因你们无意的誓言而追究你们,但因你们故意起的誓而追究你们;其赎罪之法是:供养十个贫民,按你们供养家人的平均标准供养,或为他们穿衣,或释放一个奴隶。但谁无力做到,就应当斋戒三天。这是你们起誓之后的赎罪之法……”(麦伊戴章:89)。在这里,应尽义务者可以在供养十个穷人、为他们穿衣或释放奴隶之间作出选择,因此他所负的义务并非被specifically确定,而是由应尽义务者自己的行为来确定。至于必须履行的义务(muhattam),则是强加于应尽义务者、要求他必须履行而不给他在各种行为之间选择余地的义务,例如拜功(ṣalāh),它强加于他必须履行,没有在它与其他事物之间的任何选择余地。
“Allah does not take you to account for what is unintentional in your oaths, but He accounts you for your deliberate oaths; for its expiation, feed ten destitute persons, on a scale of the average of what you feed your families, or clothe them, or manumit a slave. But whosoever cannot afford such, he should fast for three days. That is the expiation for your oaths when you have sworn…” (al-Ma’idah: 89). Here the mukallaf is given the choice of feeding ten poor people or clothing them or freeing a slave, so the obligation upon him is not specifically determined, it is specified by the action of the mukallaf. As for the muhattam obligation it is what is imposed upon the mukallaf to perform without giving him the option to choose between various acts, such as the salāt, which is imposed upon him to perform without any option between it and something else.