5.2 圣战(Ijtihād)的条件
5.2 The Conditions Of Ijtihād
Ijtihād(伊智提哈德)被定义为:为了探求某一伊斯兰教法规的(较为可靠的)见解而竭尽努力,以至于穆智台希德感到自己已无法再付出更多努力。也就是说,在对教法条文进行推导(istinbāt)时,对《古兰经》和《逊奈》的经文理解,需要在竭尽全力之后方能获得,以便认识教法的律例。由此,要称某一推导为合法的Ijtihād,需要满足三个条件,三者缺一不可: 第一,竭尽努力,直到自己感到无法再付出更多努力。 第二,这种努力须是为了探求关于某一问题的较为可靠的教法见解。 第三,这一见解必须出自伊斯兰教法的经文,因为若不出自经文,就不可能探求教法的律例,这是因为教法律例是立法者(Ash-Shaari',即安拉)关于仆人行为的命令。 由此可见,不付出努力的人不被视为穆智台希德;在教法律例之外,以学科和观点去探求见解而付出努力的人,也不被视为穆智台希德;从教法经文之外的来源探求教法见解的人,同样不被视为穆智台希德。因此,穆智台希德的努力,仅限于通过理解教法经文来认识安拉的律例。除此之外,那些阐释其教法学派(mazhab)领袖言论、努力理解其言论并从中推导律例的学者,或者在没有教法依据作为凭据的情况下,偏重某些学者的见解而胜过另一些学者的见解的人等,依照此定义,都不被视为穆智台希德。 ijtihād的范围仅限于对沙里亚文本的理解,即在努力探求这种理解的过程中竭尽全力,以便认识真主的裁决(hukm)。因此,沙里亚文本是理解的对象,也是探求某一事物在沙里亚规则中的判断(观点)的对象。
Ijtihād has been defined as the expenditure of effort, seeking the (preponderate) opinion about a thing from the Sharī’ah rules in a manner in which the mujtahid feels unable to exert any more i.e, it is the comprehension of the Sharī’ah text from the Qur’ān and the Sunnah after exerting ones outmost in arriving at this comprehension in order to gain cognizance of the Sharī’ah rule. This means three issues need to be fulfilled in the inference (istinbat) of the Sharī’ah rule until it can be said he has made the inference with a legitimate Ijtihād that is, three issues have to be met until the action can be called an Ijtihād: First, exerting effort in a manner he feels himself unable to exert any more. Second, this exertion should be in search for a preponderate opinion about an issue from the Sharī’ah rules. And third, this opinion about an issue should be from the Sharī’ah texts because seeking a thing from the Sharī’ah rules is not possible if it is not from the Sharī’ah texts and that is because the hukm Shar’i is the address of the Legislator regarding the actions of the servants. This means the one who does not exert effort he is not considered a mujtahid. And whoever exerts effort seeking the (preponderate) opinion in other than the Sharī’ah rules from disciplines and views, he is not considered a mujtahid. And whoever seeks an opinion from the Sharī’ah rules from other than the Sharī’ah texts he is not considered a mujtahid. So the mujtahid is restricted in what he exerts his utmost effort in understanding the Sharī’ah texts on order to know the hukm of Allah . Anything other than that in terms of the Ulama; who explain the sayings of the imam of their mazhab (school of thought), attempt to comprehend his sayings and deduce rulings from it, or outweigh the opinion of some Ulama over the opinion of others without the medium of the Sharī’ah evidences etc, None of them are considered mujtahids according to this definition. The order of Ijtihād is restricted to the comprehension of the Sharī’ah texts after exerting the utmost effort in the path of arriving at this comprehension in order to know the hukm of Allah . So the Sharī’ah texts are the object of comprehension and they are the object of seeking the opinion about a thing from the Sharī’ah rules.
应当明确的是,伊斯兰教法(Sharī'ah)的依据只有《古兰经》和圣训(Sunnah),此外再无其他。任何其他言论,无论说话者地位如何,都不被视为伊斯兰教法的依据。因此,无论是艾布·伯克尔、欧麦尔、阿里,还是其他任何圣门弟子的言论,在任何意义上都不被视为伊斯兰教法的依据。同样,贾法尔、沙斐仪、马立克以及其他伊马目(Mujtahidin)的言论,也完全不被视为伊斯兰教法的依据。因此,从这些人或其他任何人的言论中努力推导出一条教法裁决,不能被视为伊ither(Ijtihād)。相反,这只被视为推导者本人的见解,在伊斯兰教法中没有任何价值。更何况,从圣门弟子、再传弟子、伊马目以及其他任何人的言论中推导出教法裁决,也是伊斯兰教法所不允许的,因为这是从《古兰经》和圣训之外的来源推导教法,而这是被禁止的,因为这属于以非安拉所降示的律法来裁决。既然安拉所降示的只限于经典和圣训,那么《古兰经》和圣训之外的任何东西就都不是安拉的启示。因此,采纳来自其中的裁决,无非是采纳安拉并未降示的东西;而不依照安拉所降示的裁决,必定是哈拉姆(禁止的)。
What should be clear is that the Sharī’ah texts are the Quran and the Sunnah and none other. Any other text is not considered a Sharī’ah text whatever the status of the one who said it. So the sayings of Abu Bakr , ‘Umar , Ali or any other from the Sahabah are not considered as Sharī’ah texts in any way whatsoever. Likewise the statements of Mujtahidin such as Ja’far, al Shafi’i, Malik and other Mujtahidin are not considered Sharī’ah texts at all. So exerting effort in deducing a rule, from the statements of those people or any other human being whoever they may be is not considered Ijtihād. Rather it is considered as the opinion of the person himself who made the inference and it has no value in the Sharī’ah. Not to mention that the deduction of a hukm from the saying of any individual from the Sahabah, Tabi’een, Mujtahidin and others is not allowed by the Sharī’ah since it is an inference of a Sharī’ah rule from a source other than the Qur’ān and Sunnah. This is harām in the Sharī’ah because it is judging by other than what Allah has revealed. And because what Allah has revealed is restricted to the Kitab and Sunnah, any thing other than the Qur’ān and Sunnah is not from Allah’s revelation. So adopting a hukm from it is nothing more than adopting something Allah has not revealed. And a hukm which is not according to what Allah has revealed is definitely harām.
《古兰经》与圣训皆以阿拉伯语写成。《天启之书》与圣训均来自安拉的启示,有的是词句与意义并具,如《古兰经》;有的则只有意义,由使者ﷺ以自己的话语表达出来,这便是圣训。无论如何,它们(即《古兰经》与圣训)都是使者ﷺ所用的阿拉伯语。这些言辞的含义,或仅有语言学上的含义,例如“mutrafin”(富裕者);或仅有教法上的含义,此时语言学上的含义便被弃用,例如“gha’it”一词;或兼有语言学与教法上的含义,例如“tahara”一词,见于“tahhara”(使洁净)和“mutahhirun”(洁净者)的用法中。因此,要理解这些文本,必须依靠语言学与教法学两门学科,直至能够读懂经文,并进而理解安拉的律例(hukm)。由此可见,一切关于伊智提哈德(ijtihād,独立思考推论)的条件都围绕这两件事展开,即语言学与教法学两门学科的具备。自伊斯兰教初期直到公元二世纪末(回历),穆斯林无需特定的原则去理解教法文本,无论是从语言学还是教法学的角度。这是因为他们的时代与使者ﷺ的时代相近,他们一生所关心的只有宗教;也因为他们语言禀赋纯正,语言未受玷污。因此,当时并无已知的伊智提哈德条件,但伊智提哈德作为一个问题是广为人知的,而且从事伊智提哈德的穆智台希德(mujtahidin)可以按千计算。所有的圣门弟子都是穆智台希德,几乎大多数统治者、总督和法官也都出自穆智台希德之中。然而,随着阿拉伯语的败坏,人们便制定了特定的原则以加以纠正。 当人们沉溺于今世,研习宗教的人数减少,以及在归于先知ﷺ的圣训中造假的行为广泛流行时,便确立了废止与被废止(nasikh 与 mansukh)的原则,确立了接受或拒绝圣训的原则,以及理解如何从经文和圣训中推导出教法条例的方法。当这一切发生之后,mujtahid(独立思考者)的人数减少了,mujtahid 开始依据特定的原则进行 Ijtihād,并借此得出特定的结论,而这些结论与他人的原则有所不同。这些原则的确立,要么是通过在从经文中推导教法方面的大量实践,仿佛它们是为他而设定的,使他只能沿着一条道路前行;要么是他先遵循某些原则,然后依据这些原则开始推导。结果,mujtahid 在理解教法经文和采纳教法条例时,采用了特定的方法来进行 Ijtihād。还有一些 mujtahid 效仿某人的 Ijtihād 方法,但他们并不效仿其所得的结论,而是依照那个人的方法自行推导结论。另有一些穆斯林精通教法学科中的某一门,他们只在被提出的特定问题上努力寻求教法裁决,而不是对所有问题都如此。事实上,由于这些情况,我们发现穆斯林中存在三类 mujtahid:mujtahid mutlaq(绝对的独立思考者)、mujtahid mazhab(某一学派内的 mujtahid)和 mujtahid mas'ala(单一问题的 mujtahid)。
The Qur’ān and Sunnah are in the Arabic tongue. The Kitab and Sunnah have come as revelation from Allah either in expression and meaning, such as the Qur’ān or in meaning only. The Messenger expressed this meaning in his own words which is the hadīth. In any case they (i.e, the Qur’ān and Sunnah) are in the Arabic language in which the Messenger of Allah spoke. It (i.e the speech) either has a linguistic meaning only such as ‘mutrafin’(affluent ones), or it has a Sharī’ah meaning only then the linguistic meaning is forgotten as with the word ‘gha’it’, or it has a linguistic and Sharī’ah meaning like the word ‘tahara’ in examples of ‘tahhara’ (to purify) and ‘mutahhirun’ (the purified ones). So, to understand it one has to depend on the linguistic and Sharī’ah disciplines until it is possible to understand the text and arrive at an understanding of the hukm of Allah . Consequently, all conditions of Ijtihād revolve around those two things and they are: the availability of the linguistic and Sharī’ah disciplines. Since the dawn of Islam until the end of the second century Hijri the Muslims did not need specific principles to understand the Sharī’ah texts, nor from the linguistic or the Sharī’ah perspective and that is because of the closeness of their time to the Messenger of Allah and because their only concern in life was the deen. This was also owing to the soundness of their linguistic disposition and the purity of their language. Therefore, there were no known conditions for Ijtihād. But Ijtihād as an issue was well known. And mujtahidin could be counted by the thousands. All of the Sahabah were mujtahidin and nearly most of the rulers, walis and judges were from the mujtahidin. However, as the Arabic language became corrupted specific principles were laid down to rectify it. And when the people became occupied by the dunya and the number of people devoted to (the study) of the deen decreased and mendacity in attributing ahadīth to the tongue of the Messenger became widespread, principles were set down for abrogation (nasikh and mansukh), for the acceptance or rejection of ahadīth, to understand the manner of deducing the rule from the ayah and hadīth. When all of this happened the number of mujtahids decreased and the mujtahid began to proceed in his Ijtihād according to specific principles through which he arrived at specific inferences which differed with the principles of others. And these principles came to be established either through a lot of practise in deducing rules from the texts, as if they were set down for him to proceed only according to one path. Or he used to follow certain principles and then he began to deduce (rules) according to them. This resulted in the mujtahid exercising Ijtihād according to a specific methodology in understanding the Sharī’ah texts and in adopting the Sharī’ah rule from the Sharī’ah texts. And some mujtahids came to imitate a person in his method of Ijtihād but they did not imitate him in rules but they deduced the rules themselves according to that person’s methodology. And some Muslims became well versed about a certain thing from the Sharī’ah disciplines and they exerted effort in seeking an opinion from the Sharī’ah rules in specific issues that were presented to them and not in all the issues. In reality due to this we find three types of mujtahiddin amongst Muslims: mujtahid mutlaq (one who performed absolute Ijtihād), mujtahid mazhab (mujtahid in a certain school of thought) and mujtahid mas’ala (mujtahid in a single issue).
至于“有限的”(mujtahid mazhab,即学派内的 mujtahid)者,他遵循其他 Mujtahid 在 Ijtihād 方法上的路径,但他在具体教法(ahkām)上进行 Ijtihād,而并不盲从其学派的 Imam。对于学派内的 mujtahid,除了须熟知该学派的规则与证据之外,并无其他条件;他既可以遵循该学派的规则,也可以凭自己的见解在同一学派之内与之相左。因此,遵循某一学派的人,可以在该学派之内进行 Ijtihād;如果某个证据在他看来更为有力,他便可以在某些规则和问题上与该学派的 Imam 持不同意见。有关各位 Imam 的记载中,他们常常这样说:
As for the mujtahid mazhab he is someone who follows other Mujtahiddin in their methodology of Ijtihād, however he exercises Ijtihād in ahkām but does not imitate the imam of his school. There are no conditions for the mujtahid mazhab except having knowledge of the rules and evidences of the mazhab and he is allowed to follow the rules of the mazhab or disagree with them with his own opinion within the same mazhab. Due to this, it is allowed for the one who follows a mazhab to exercise Ijtihād within this mazhab and disagree with the imam of the mazhab in some rules and issues if an evidence appears to him to be stronger. It has been reported about the imams that they used to say
如果某段圣训被证实是真实可靠的,那就是我的教法主张,把我的话丢到墙上去吧。
If a hadīth is found to be authentic, then that is my mazhab and discard my saying at the wall’
一个最清楚的例子是伊玛目安萨里(Ghazali),他遵循沙斐仪学派,但他在沙斐仪学派之内所作的伊杰提哈德(Ijtihād)却与沙斐仪本人的伊杰提哈德相矛盾。第二个是“单一问题上的穆贾台希德”(mujtahid mas’ala)。这种穆贾台希德没有特定的条件或方法。然而,对于那些具备一定沙里亚知识和语言学基础、足以理解沙里亚经文的人,允许他在某一个问题上进行伊杰提哈德。因此,允许他在某一个问题上研究穆贾台希德们的观点与证据及其推理思路,并由此得出他认为疑虑最少的沙里亚裁决,无论这一裁决与穆贾台希德们的观点相符还是相悖。在某一个问题上,允许他研究沙里亚的证据,并从中理解出他认为疑虑最少的沙里亚裁决,无论这一问题此前是否已被穆贾台希德们研究过。对于穆贾台希德而言,在某一个问题上只需熟悉与该问题相关的内容,并且必须对此有所认识;至于与该问题无关的、属于法理学(Usul)和教法学(fiqh)范畴的事项,他不知道也无妨。
One of the clearest examples for this is that of imam Ghazali who was a follower of the Shafi’i mazhab, but he had Ijtihāds in the mazhab of Shafi’i which contradicted the Ijtihāds of al-Shafi’i himself. The second is the mujtahid mas’ala. He has no specific conditions or method. However, it is allowed for whoever has knowledge of some of the Sharī’ah and linguistic disciples which enables him to understand the Sharī’ah texts, to exercise Ijtihād in a single issue. So it is allowed for him, in a single issue, to study the views and evidences of mujtahiddin, and their line of reasoning and from that he can reach a specific understanding of the hukm Shar’i which he presumes with the least amount of doubt to be the hukm Shar’i whether it agrees with the opinion of the Mujtahiddin or disagrees with it. In a single issue it is allowed for him to study the Sharī’ah evidences and understand from it what he deems with least amount of doubt to be the hukm Shar’i whether this issue has been previously studied by the Mujtahiddin or not. It suffices for the mujtahid in a single issue to be knowledgable about whatever relates to that issue, and it is essential that he is cognizant of that, but there is no harm if he is unaware of issues not related to it, from matters related to Usul and fiqh (jurispudence).
除了圣门弟子和再传弟子时代的情况,以及各大教法学派和教法学家出现之后所发生的事情之外,还有一些人能够理解伊斯兰教法文本,并像圣门弟子时代那样直接从中推演律例,不附加任何条件。也有一些人仍然是某个特定教法学派的追随者,但他们的个人见解(Ijtihād)却与其教法学家的观点相左。因此,从实际发生的情况来看,具有独立判断能力的教法学派和具有独立判断能力的具体问题确实存在。这是就历史事实而言的。至于Ijtihād本身,则可以分为若干部分。因此,一个人可能在某些文本上具备Ijtihād的资格,而在另一些文本上则不具备。至于有些人所说的,认为只有当一个人通晓所有公认的学科时,才具备Ijtihād的能力,这种定义并无依据,也不符合实际情况。因为一个人可能已经具备了这种能力,却并不是一名穆佳台希德(mujtahid),因为他没有让自己付出艰苦努力去研究某个问题。所谓“禀赋”(malaka),指的是理解的力量和关联能力。这种禀赋可以由天赋极高、并具备一定语言学和教法学知识的人获得,而无需穷尽语言学和教法学的全部学科。一个人对教法学和语言学学科的掌握,可能是通过学习和教授而获得的知识,但这位学者却未必具备相应的禀赋,因为他缺乏独立思考的能力。然而,Ijtihād是一个有具体过程、有具体成果的实践活动,即在实际中努力推导出律例(hukm)。至于禀赋的存在,则不能称之为Ijtihād。因此,一个人可能在某些问题上能够进行Ijtihād,而在另一些问题上则不能。他可能能够在枝节问题(furu')上进行Ijtihād,而在其他领域则不能。 因此可以明确,伊扎哈德(Ijtihād)是可以分部分的,但伊扎哈德的分部并不意味着它在伊斯兰教法学的某些领域可分割,即一位穆贾台希德(mujtahid)能够在教法学的某些主题上进行伊扎哈德,而在另一些主题上却不能。相反,伊扎哈德的分部是指:由于某些证据清晰明确、不含模糊之处,因而能够理解这些证据;而无法理解某些证据,则是因为证据深奥复杂,以及存在多种看似相互矛盾的证据。这些情况可能出现在根本原则(qawa'id usuliyya)之中,也可能出现在沙里亚教法的律例之中。所以,伊扎哈德的划分是就推导的能力而言的,而不是就教法学(fiqh)的主题领域而言的。
And besides the state of affairs that took place in the days of the Sahabah and Tabi’een and what happened after the mazhabs and imams there were people who used to understand the Sharī’ah texts and deduce rules from them directly without any conditions as was the case in the time of the Sahabah. There were people who continued as followers of a specific mazhab but they had Ijtihāds that went against the opinion of their imam. So the reality of what happened meant that the mujtahid mazhab and mujtahid mas’ala did have a presence. This is in terms of the reality of what happened. As for the Ijtihād itself, it can be divided into parts. It is possible, therefore, for someone to be a mujtahid in some texts and not in others. As for the opinion of some people who say that the capacity for Ijtihād is obtained when the person is cognizant of all the recognised disciplines there is no basis for this definition and it does not accord with the reality, since a person may acquire the capacity but not be a mujtahid because he has not set himself the hardship of studying the issue because aptitude (malaka) denotes the strength of understanding and linkage. This can be obtained by someone who is exceptionally intelligent with some knowledge of the linguistic and Sharī’ah disciplines and does not need to encompass the linguistic and Sharī’ah disciplines. A grasp of the Sharī’ah and linguistic disciplines may be present as knowledge due to study and instruction but the aptitude (malaka) may not be present in this scholar because of the absence of thinking. However, Ijtihād is a tangible process with tangible results, which is, exerting effort practically in arriving at a hukm. As for the presence of aptitude it is not designated as Ijtihād. Thus, a person is able to perform Ijtihād in some issues and not in others. He may be able to make Ijtihād in the branches (furu’) but not in other areas. Therefore, it is clear that Ijtihād is divided into parts but sectioning of Ijtihād does not mean the divisibility if Ijtihād in that a mujtahid is able to perform Ijtihād in some subject areas of Islamic jurisprudence but not able in others. Rather the meaning of dividing Ijtihād is the possibility of comprehending some evidences due to their clarity and absence of vagueness. And the inability of understanding evidences is due to their depth and complexity and the presence of various evidences which seem contradictory. They may happen in the foundational principles (qawa’id usuliyya) or in the Sharī’ah rules. So the division of Ijtihād is with respect to the ability to deduce and not with regards to the subject areas of jurisprudence (fiqh).
“并从你们(穆斯林)中选取两位公正的人作为见证。” [TMQ Talaaq: 2]
“And take for witness two just persons from among you (Muslims)” [TMQ Talaaq: 2]
他说:
And He said:
“然后,你们当中择取两位公正的人来作见证,或从外人中选取两位” [TMQ Mā’idah: 106]
“Then take the testimony of two just men of your folk or two others from outside” [TMQ Mā’idah: 106]
这两节经文都涉及作证。第一节说明证人应当是穆斯林。第二节则说明证人可以是穆斯林,也可以是非穆斯林。也就是说,第一节规定证人必须是穆斯林,而后一节允许证人是非穆斯林。必须知道二者如何调和,即必须知道第一节在作证问题上是绝对的(mutlaq),而第二节限定了旅途中遗嘱(wasiyya)的作证。必须知道,第二节允许非穆斯林在遗嘱时作证,商业交易等类似情形亦然。其他事情上更是如此,理由更为充分。此外,这两节经文表明,作证应当由两名公正的证人作出。另有一节经文支持这一点,即安拉的话:
Both ayāt are about giving testimony. The first states that the witnesses should be from the Muslims. The second states that they should be from Muslims and from non-muslims. i.e, the first ayah stipulates that the witness be a Muslim while the latter permits the witness to be a non muslim. It is essential to know the way in which they are reconciled that is, it is essential to know that the first ayah is unrestricted (mutlaq) with regards to testimony and the second restricts (muqayyad) the testimony of bequests (wasiyya) on journeys. It must be known that the second ayah permits the testimony of non-muslims at the time of the bequest and the like in terms of commercial transactions. It is by greater reason that this should be the case in other things. As well, those two verses indicate that the evidence should be (from) two just witnesses. It is supported by another ayah which is the saying of Allah :
“你们应当从自己的男子中找两个见证人。如果没有两个男子,那就一个男子和两个女子” [TMQ Baqarah: 282]
“And get two witnesses out of your own men. And if there are not two men (available), then a man and two women” [TMQ Baqarah: 282]
这与《古兰经》和圣训中已确立的内容如何相符?即先知ﷺ在哺乳关系(rada’a)方面接受了一位女性的证词,以及他接受了一位证人加原告宣誓的证词。这一段由伊本·阿拔斯传述:
How does that fit in with what has been established in the Sahih (of Bukhari) about the Prophet that he accepted the testimony of one woman in regard to fosterage (rada’a)? And that he accepted the testimony of a single witness with an oath of the plaintiff? Narrated by Ibn ‘Abbas:
“先知(愿主福安之)根据一人作证加上一次誓言作出判决” Wait—I need to correct that. The rules require ﷺ after the Prophet Muhammad's mention, not a parenthetical honorific. Corrected translation: 那位安拉的使者ﷺ根据一项誓言并一名证人作出判决
“That the Messenger of Allah pronounced judgement on the basis of an oath along with a single witness”
在另一段由贾比尔传述的圣训中
In another Hadith which is narrated by Jabir
“先知ﷺ仅凭一人作证并附以誓言而作出裁决” [Reported by Tirmizi]
‘That the Prophet pronounced Judgement on the basis of an oath along with a single witness” [Reported by Tirmizi]
据埃米尔·穆米尼·阿里·本·阿比·塔利卜传述:
It is narrated by Amir al-Mu’minin ‘Ali ibn Abi Talib:
“先知ﷺ依据一名证人的证词和原告(sahib al-Haqq)的宣誓作出判决” [Reported by Sunan Bayhaqi]
“That the Prophet passed judgement on the basis of a testimony of a single witness and an oath of the plaintiff (sahib al-Haqq)” [Reported by Sunan Bayhaqi]
看起来证据之间存在矛盾。然而,研究此问题的穆杰塔希德发现,经文和圣训所提及的,是作证中最完整的人数。若未达到完整的人数,并不意味着其他人数不被接受,因为"尼萨布"(人数)所涉及的是承担作证的责任。至于法官履行其职责并作出判决,证人人数并未作出规定,而规定的是证据,即任何能够证明真相的依据,哪怕只是一名女子或一名男子的证词,再加上原告(权利人)的誓言。然而,如果伊斯兰教法经文明确规定了证人的人数,如通奸的作证,则以经文为准。此外,先知ﷺ在乌侯德战役中拒绝了多神教徒。他没有允许他们与穆斯林一同参战。他ﷺ说:
It seems that there is a contradiction between the evidences. However the mujtahid who scrutinises the issue finds that what the ayah and the ahadith mention is the most complete number in testimony. If the complete number is not met it does not mean any other number is not accepted, since the nisab (number) concerns taking up the responsibility of testimony. As for the judge’s discharging of his duty and ruling, the number of witnesses has not been stipulated but what is stipulated is the proof, which is whatever will demonstrate the truth even by the testimony of a single woman or single man along with the oath of the plaintiff (sahib al-haqq). However, if the Sharī’ah text has come specifying the number of witnesses as in the testimony for fornication, then it is restricted by the text. Also, the Prophet rejected the Mushrikin at the battle of Uhud. He did not accept them to participate with the Muslims in the battle. He said:
“我们不寻求异教徒的帮助” [Musnad Ahmad]
“We do not seek the help of the disbelievers” [Musnad Ahmad]
但他在侯奈因战役中接受了多神教徒的协助。这两条证据该如何调和?有见解的穆监泰希德应当知道:先知ﷺ在吾侯德战役中没有接受多神教徒的协助,也拒绝向他们寻求帮助,因为他们想在自己的旗帜下作战,且他们来时就是以此相区别的。因此,他拒绝的原因(伊莱)在于他们是在自己的旗帜和政权之下作战。而他在侯奈因战役中接受并寻求了他们的协助,是因为他们是在先知ﷺ的旗帜之下作战。拒绝向他们寻求帮助的那个伊莱已经不存在,所以寻求帮助是被允许的。通过这一说明以及其他类似的例子,证据之间的冲突便消除了。
But he accepted the help of the Mushrikin at Hunayn. How are those two evidences to be reconciled? The mujtahid should know that the Messenger did not accept the Mushrikin at Uhud and refused to seek their help because they wished to fight under their own banner since they came distinguishing themselves with it. So his refusal has an ‘illah (reason), which is that they were fighting under their own banner and state. He accepted and sought their help in Hunayn because they fought under the banner of the Messenger . The ‘illah of refusing to seek help from them is absent so seeking help is allowed. And with this clarification and other such examples the conflict of evidences cease.
因此,理解经文证据并加以比较的能力是一项基本条件。由此可见,mujtahid mutlaq(绝对的穆几太希德)必须精通对伊斯兰教法规则及其分类的辨别,确立这些规则的途径,从其含义而来的文本指示方面(wujuh dalālatiha ala madlulatiha),不同的层次与公认的条件,并且必须知道在经文相互矛盾时进行权衡取舍的角度。这要求他熟悉传述者(ruwwa),熟悉否定与证实的方法(jarh wa ta'dīl),并且应当熟知经文中的启示背景(asbab nuzul)以及废止与被废止(nasikh wa mansukh)的情况。
So the ability to comprehend the textual evidences and to compare them is a basic condition. Consequently, the mujtahid mutlaq must be conversant with discernment of the Sharī’ah rules and their divisions, ways of establishing them, aspects of their textual implications from their meanings (wujuh dalālatiha ala madlulatiha,) difference of levels and recognised conditions. And he must know the angles of outweighing them when they contradict. This obliges him to be acquainted with transmitters (ruwwa), methods of invalidation and attestation (jarh wa ta’dīl), and he should be familiar with the causes of revelation (asbab nuzul) and abrogation (nasikh wa mansukh) in the texts.
关于对文本含义(dalāla al-lafz)的认识,这需要具备阿拉伯语知识。通过阿拉伯语知识,人们能够了解措辞的含义、其修辞之美与所蕴含的意义,以及对同一词语的现有分歧,直到将其追溯至可靠的传述者,并参考语文学家对此的说法。仅从词典中得知"qur'"表示清净和月经,"nikah"表示性交和婚姻契约,是不够的。他应当对阿拉伯语有总体的了解,包括语法、词形变化、修辞和习语等。这将使他能够依照阿拉伯人的语言和雄辩之士的用法,研究单个词语和句子的内涵,从而使他能够查阅阿拉伯语的著作,并从中理解所需要理解的内容。然而,这并不意味着他必须在语言的各个分支中成为穆贾台德(mujtahid)。他不必像艾斯马仪(al-Asma'i)那样精通语言,也不必像西伯威赫(Sibawayh)那样精通语法。他只需对语言风格有足够的了解,能够区分措辞、句子与文体的各种含义指向,例如:相符(mutabiqa)、涵含(tadmin)、字面义(haqiqa)、比喻义(majaz)、借喻(kinaya)、同形异义词(mushtarak)、同义词(mutaradif)等。简言之,绝对的伊斯兰教法推理(Ijtihād mutlaq)的层次,只有具备两项特质的人才能达到:第一,通过理解经文证据来领会伊斯兰教法的目的(maqasid);第二,领会阿拉伯语及其措辞、句子和文体的内涵。借此,才有可能基于对它们的理解推导出教法裁决。 成为穆扎希德并不意味着他必须掌握所有经文,并且能够推导出任何一项哈昆(教法裁定)。因为穆扎希德·穆useful(绝对穆扎希德)可以在许多问题上是穆扎希德,并达到绝对伊吉提哈德的层次。即便他不了解其之外的一些问题,也不要求绝对穆扎希德必须知晓所有问题、所有问题的规则及其辨析。因此,绝对穆扎希德的存在并非难事,而是可能且可行的,只要人真正立志去做。而穆扎希德·马斯阿拉(问题穆扎希德)的层次,在学习了语言学和沙里亚学科中的必要内容之后,人人都有可能达到。
As for knowing the aspects of textual implications (dalāla al-lafz), this requires knowledge of the Arabic language. Through the knowledge of Arabic, one is able know the meaning of expressions, and aspects of their eloquence and implications, and knowledge of the current disagreement over the same word until it is referred to trustworthy narrators and to what the lexicographers/philologists say about it. It is not sufficient to know from the dictionary that qur’ indicates a state of purity and menstruation and that nikah denotes intercourse and contract of marriage. He should have knowledge of the Arabic language in a general manner in terms of the grammar, inflection, rhetoric and idioms etc. This will enable him to study the connotation of a single expression and sentence according to the language of the Arabs and usage of the people of eloquence, which will enable him to check the books about the Arabic language and understand from it what he needs to understand. However this does not mean he should be a mujtahid in the branches of the language. It is not stipulated that he be proficient in language like al-Asma’i and proficient in grammar as Sibawayh. Rather it is sufficient for him to be knowledgeable about linguistic style so that he can distinguish between indications of expressions (dalāla al-alfaz), sentences and style such as mutabiqa (conformity/harmony), tadmin (implication) haqiqa (literal), majaz (metaphorical), kinaya (metonymy), mushtarak (homonym, mutaradif (synonym) etc. In short, the level of absolute Ijtihād (Ijtihād mutlaq) cannot be attained except by someone who is characterised by two attributes: Firstly, the comprehension of the objectives (maqasid) of the Sharī’ah by understanding the textual evidences. Secondly, the comprehension of the Arabic language and the connotation of its expressions and sentences and styles. Through this it is possible to deduce rulings based on its understanding. Being a mujtahid does not mean he should encompass every text and be able to deduce any hukm, since the mujtahid mutalq may be a mujtahid in many issues reaching the level of absolute Ijtihād. And even if he does not know some issues external to it, it is not a condition of the mujtahid mutlaq that he should be cognizant of all issues, all rules of issues and their discernment. Consequently, so the presence of a mujtahid mutlaq is not a difficult matter rather it is possible and feasible if one is truly determined. The level of mujtahid mas’ala is possible for all to attain after learning what is essential from the linguistic and Sharī’ah disciplines.