5.4 穆盖利丁的各种状况及其应优先考虑的条件
5.4 The States Of Muqallidin And Their Preponderant Qualifications
taqlīd(盲从)是指在没有确凿证据的情况下采纳他人的意见。因此,在没有确凿证据的情况下接受他人的意见被视为taqlīd,依照他人的意见行事而没有确凿证据同样被视为taqlīd。这就像普通人采纳一位mujtahid(穆智台希德,即有资格独立推导教法者)的意见,或者mujtahid采纳与他同类之人的意见。 求教于先知穆罕默德ﷺ不构成对他的taqlīd,求教于圣门弟子的ijma'(公议)也不构成对他们的taqlīd,因为这等同于回归证据本身,而非采纳他人的意见。同样,普通人求教于穆夫提(教法说明者)也不被视为对其的taqlīd,而是属于寻求教法见解和学习,并非盲目采纳。因此,他要么向其请求教令(fatwa),要么向其学习,也就是说,普通人向有学识者求教,不被视为taqlīd,因为这构成了询问或学习某条沙里尔教法规定(hukm Shar'i)。至于带着对证据的了解而采纳某一意见,则需要进一步考察。如果对证据的了解只是单纯的知晓,比如知道探望坟墓是被允许的,因为先知ﷺ说过:
Taqlīd is the adoption of another person’s opinion without a binding proof. So the acceptance of another person’s opinion without a binding proof is considered Taqlīd just as acting according to the opinion of another without a binding proof is considered Taqlīd. That is like the layman’s adoption of the opinion of a mujtahid or the adoption of the mujtahid of an opinion from someone like him. Referring to the Messenger PBUH is not Taqlīd to him and nor referring to the ijma’ of the Sahabah is Taqlīd to them because it constitutes referring to the evidence itself and not adopting the opinion of another. Likewise, the laymen’s reference to a mufti is not considered Taqlīd to him, rather it constitutes seeking a legal opinion and learning and not adoption. So he either refers to him to seek a legal verdict (fatwa) or to learn, that is, the reference of a layman to a learned person is not considered Taqlīd to him because it constitutes either inquiring about a hukm Shar’i or learning it. As for the adoption of an opinion with knowledge of its evidence, it will be looked into. If the knowledge of the evidence is mere knowledge, like knowing that visiting the graves is permitted because the Messenger PBUH said:
“我曾经禁止你们去探访坟墓,(但现在)你们去探访吧。” [Reported by Ibn Majah and Muslim on behalf of Ibn Masud]
“I used to forbid you from visiting the graves, (but now) visit them” [Reported by Ibn Majah and Muslim on behalf of Ibn Masud]
因此,在这种情况下,他被视为"муқаллид"(追随者),因为他采纳了他人的观点,却没有有约束力的证据,即使他知道该证据。然而,追随者本人并未将这一证据用作论据,因此就他而言,它不是有约束力的证据。至于如果是在审视证据之后形成对证据的理解,并由此推导出哈昆(判决),那么这就被视为伊jtihād(独立推理),与最初持有此观点者的伊jtihād相一致。这是因为这一过程取决于认识到该哈昆没有相冲突的因素,而这一认识基于研究它的必要性,这一事情又取决于对证据的仔细审查,只有穆扎希德(独立推理者)才能做到。因此,追随者不是穆扎希德。 就沙里亚哈昆而言,人要么是穆扎希德,要么是穆盖利德,二者必居其一。即,他要么自己推导出哈昆,无论此前是否有他人推导过;要么他自己从一开始就推导出了哈昆;要么他采纳另一位穆扎希德的推导。因此,凡不具备伊jtihād能力的人,便是追随者,无论他是否了解伊jtihād中某些被法律认可的学科。他属于普通追随者('ammi,平信徒)或追随者中的跟随者(muttabi')的范畴。然而,muttabi'的追随以他知晓穆扎希德的证据为条件,而'ammi的追随则不附带任何条件。
Then in this situation he is considered a muqallid because he has adopted the opinion of another without a binding proof even if he knew the evidence. However, the muqallid himself did not use this evidence as proof so it is not a binding proof with respect to him. As for if an understanding of the evidence was arrived at after examining the evidence and then deducing the hukm from it, it is then regarded as an Ijtihād which agrees with the Ijtihād of the one who initially held this opinion. That is because this process depends on realizing that the Hukm is free of conflicting factor based on the necessity of studying it, a matter which depends on the close examination of the evidences, something only the Mujtahid can do. Therefore, the muqallid is not a mujtahid. People with regards to the hukm Shar’i are either mujtahid or muqallid and none other. i.e, either he deduces the hukm himself whether some one else had deduced it before or he himself deduced it from the onset or he adopts the deduction of another mujtahid. Therefore, whoever does not have the capacity for Ijtihād he is a muqallid irrespective of whether he had knowledge of some of the legally recognised disciplines in Ijtihād or not. So he falls under the category of muqallid ‘ammi (layman) or muttabi’. However, the muttabi’ imitates on condition that he knows the evidence of the mujtahid while the ‘ammi he imitates without any condition.
允许信徒模仿者(muqallid),无论是追随者(muttabi')还是普通人('ammi),采纳任何一位穆智台希德(mujtahid)的意见,只要确定这一意见是其经过了伊吉particular推演(Ijtihād)而得出的,即使该意见是由单独的传闻(khabar ahad)所确立的。当他遇到某个问题,尚未了解穆智台希德们的各种意见,但知道某一位穆智台希德的意见时,他可以采纳这位穆智台希德所推演出的沙里亚(Sharī'ah)律例,因为他所被要求的是在某一问题上采纳一条沙里亚律例,而不是追随穆智台希德们的各种意见。在这种情况下,他不需要进行权衡取舍。 如果他熟悉穆智台希德们的各种意见,并希望采纳其中之一,那么他除了进行权衡(tarjeeh,即取舍)之外别无他法,而且这种权衡不应依据律例是否符合他的私欲或表面利益,因为沙里亚的意图是使守法的人(mukallaf)脱离私欲与情欲的驱使,使其成为真正的安拉的仆人。权衡应当依据沙里亚所认可的优先条件,即这一条件应当与安拉以及安拉的使者ﷺ相关联。他ﷺ说:
It is permitted for the muqallid, whether muttabi’ or ‘ammi to adopt the opinion of any mujtahid once it is established that this opinion of his is an Ijtihād, even if it was established by a solitary narration (khabar ahad). When he is confronted with an issue and he has not acquainted himself with the opinions of the mujtahiddin but he knows the opinion of a single mujtahid, It is permitted for him to adopt the Sharī’ah rule which this mujtahid had deduced because what is required from him is the adoption of a Sharī’ah rule in an issue and not the pursuance of the opinions of mujtahid’s. In such an instance outweighing is not required from him. In the case if he is familiar with the opinions of the mujtahiddin and he wishes to adopt one of them then it will not be correct for him to do anything other than perform tarjeeh (outweighing) and this tarjeeh (outweighing) should not be according to the conformity of the hukm to his whims or apparent benefit since the intention of the Sharī’ah is to take the mukallaf (legally responsible) from the motive of his whims and desires and to make him a true servant of Allah . Indeed, the tarjeeh should be according to a Sharī’ah preponderant qualification, that is, the qualification should be linked to Allah and the Messenger of Allah . He said:
“(如果)你们在任何事上有分歧,就把它交回给真主和祂的使者” Note: the text contains a verse in braces? No—the original has no { } markers, so I've translated it as given. The "(saw)" abbreviation is replaced by ﷺ after the Messenger reference. Corrected translation: “(如果)你们在任何事上有分歧,就把它交回给真主和祂的使者ﷺ” [TMQ Nisā’: 59]
“(And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger (saw)” [TMQ Nisā’: 59]
所谓"遵从真主"与"遵从祂的使者",指的是遵从真主的经典,或遵从使者ﷺ的圣训,即遵从沙里亚的证据,也就是遵从真主或其使者所命令的内容。因此,对于不同状况的追随者(穆格里德),其用以进行权衡取舍(塔尔吉哈)的优先条件也各不相同。总的来说,在证据之后,普通信众(阿米)的一般性优先条件,是选择知识与理解最优秀的人。这也是所有追随者的首要优先条件。然而,还有一些不同的优先条件,人们可以借此进行权衡,无论是否伴随着"知识最优"这一条件。因此,普通信众会根据对跟随其人的理解力与敬畏真主(塔格瓦)程度的信任而追随某位穆智台希德,例如他所信任的父亲,或某位乌莱玛,于是他便跟随那些追随这些人的人。普通信众的这种权衡,是从宗教的角度出发,而非出于个人的私欲。另一种优先条件是,普通信众通过参加伊斯兰教法学(菲格赫)、圣训学等课程,了解沙里亚的律例及其证据。到了这一步,他便能够区分律例与其证据。这样的人在进行taqlid(遵从)时,会依据自己所熟悉的证据进行权衡。因此,当他所熟悉证据所对应的判决,与他并不熟悉的证据所对应的判决相矛盾时,他会遵循自己熟悉证据的那一判决。这样,他的判决便有据可依,优于那些没有证据依据的判决。 这两种情况都适用于普通人(العامي),即不具备伊贾提哈德(Ijtihād)中某些公认学科知识的人。因此,普通人在这些情况下,一旦某个证据对他显现出来,他就必须放弃那种基于他对所追随的穆given智者的知识和敬畏之心的信任而形成的taqlīd,转而采纳与该证据相关联的判决,因为此时他拥有了更强的优先依据。所以,无论过去是因为父亲追随沙斐仪或其他学派而跟随该学派的人,当他看到某条由他所追随者之外的穆智塔希德推导出的沙里亚判决证据显现出来并且相信它时,他就必须采纳该判决,因为存在更强的优先依据,即沙里亚证据。如果他不相信它,那么他就无权放弃自己一直遵循的判决,因为他没有足以支持这样做的优先依据。在权衡取舍(tarjeeh)时,他依赖于对各种迹象(qara'in)的理解。他(普通人)无权基于个人好恶而在不同学派之间随意转换,也无权在每个问题上挑选对自己较为容易的学派来遵循,相反,当关于判决的理解不止一种时,他必须寻求更强的优先依据。
Referring to Allah and to His Messenger is either to the word of Allah or the Sunnah of His Messenger i.e, to the Sharī’ah evidence, either to what Allah or His Messenger has ordered. Consequently, the preponderant qualifications differ according to the different states of the muqallids. Yes, the general preponderant qualification for the layman is, subsequent to the evidence, the one who has the best knowledge and comprehension. And this is the primary preponderant qualifications for all muqallids. However, there are different preponderant qualifications which people may use to outweigh, with or without the preponderant qualification of best knowledge. So the layman follows a mujtahid according to his trust of the understanding and taqwa (God fearing) of the ones who follow him, from the people he knows, like when he trusts his father or one of the ‘Ulama, so he follows the ones who follow him. This tarjeeh (outweighing) for the ‘ammi (layman) is from the perspective of the deen and not the perspective of his whims. Or, another preponderant qualification is that the layman knows the Sharī’ah rules and the evidences by attending lessons on fiqh, hadīth etc. At that point he is able to distinguish between rules and their evidences. This person outweighs in Taqlīd according to his acquaintance with the evidence. So he follows the hukm the evidence for which he is familiar with, when it contradicts with a hukm the evidence for which he is not acquainted with, He will then have a hukm which is linked to an evidence which is preferable to a hukm which is not linked to an evidence. These two situations apply to the layman; who is anyone who does not have knowledge of some of the recognised disciplines in Ijtihād Therefore, the layman in all of these situations, when an evidence becomes manifest to him, he must leave the Taqlīd that is based on his trust of the knowledge and taqwa of those who follow the mujtahid whom he follows and adopt the hukm which is linked to an evidence, because now he has a stronger preponderant qualification. So whoever used to follow Shafi’i or others because his father used to follow him, when the evidence of a hukm Shar’i, which had been deduced by a mujtahid other than the one he followed, becomes manifest to him and he believes in it, then he must adopt that hukm due to the presence of a stronger preponderant qualification which is the Sharī’ah evidence. And if he did not believe in it, then he does not have the right to leave the hukm he has been following since he has no preponderant qualification to warrant it. In the outweighing (tarjeeh), he relies on the hearing of indications (qara’in). He (the layman) does not have the right - to adopt different mazhabs based on whims. And nor does he have the right to follow the mazhabs in every issue which is easier for him, rather he must seek a preponderant qualification when there is more than one understanding for the ahkām.