5.5 从一位穆智台希德转向另一位穆智台希德
5.5 Migrating From One Mujtahid To Another
安拉并没有命令我们去追随任何穆扎希德、伊玛目或教法学派。相反,祂命令我们遵循沙里亚的裁决,命令我们奉行使者ﷺ所带来的,并戒除他所禁止的。祂说:
Allah has not ordered us to follow any mujtahid, imam or mazhab, rather He ordered us to adopt the hukm Shar’i. He ordered us to adopt what the Messenger brought and to abstain from what he has forbidden us. He said:
“以及使者所给你们的,你们就拿取;他所禁止你们的,你们就戒除。”{《古兰经·放逐》:7} Note: the Qur'an verse is inside braces, so I did not add ﷺ inside it.
“And whatsoever the Messenger PBUH gives you, take it, and whatsoever he forbids you, abstain (from it)” [TMQ Hashr: 7].
因此,伊斯兰教法不认为我们应当追随人的言论,而只应遵循真主的律例。然而,现实中的"taqlīd"(盲从/效仿)使穆斯林去遵循某些穆automatically吉台希德(mujtahid,独立立法者)的律例,他们把这些人指定为自己的伊玛目,并把这些穆吉台希德通过"ijtihād"(独立推理)推演出的律例当作自己的教法学派(mazhab)。于是,沙斐仪派、哈乃斐派、马立克派、罕百里派、加尔法里派和栽德派等,在穆斯林中实际存在。即便这些人遵循的是由这些穆吉台希德推演出的伊斯兰教法律例,他们的行为仍是合法的,因为这属于遵循伊斯兰教法的律例。至于他们若是追随的是穆吉台希德这个人本身,而非其推演的结论,那么他们的行为就不合法,所追随的也不被视为伊斯兰教法的律例,因为这只是某个人的言论,并非真主的命令与禁令,而真主的命令与禁令是由使者穆罕默德ﷺ传达给我们的。因此,所有遵循学派的人都必须明白,他们所遵循的只是那些伊玛目所推演出的真主律例。如果他们怀有相反的理解,那么他们将因舍弃真主的律例、追随同为真主仆人的人而在真主面前受到清算。
Therefore, the Sharī’ah does not deem it right for us to follow the people except the rules of Allah . However, the reality of Taqlīd has led the Muslims to follow the rules of certain mujtahids whom they have assigned as imams for themselves and they made the rules these mujtahids have deduced by their Ijtihād as a mazhab for themselves. So the Shafi’is, Hanafis, Malikis, Hanbalis, Ja’faris and Zaidis etc have an actual presence amongst the Muslims. Even though these people follow the Sharī’ah rules which have been deduced by these mujtahids, their action is legitimate because it constitutes following a Sharī’ah rule. As for if they followed the mujtahid as a person and not his deduction, then their action is not lawful and what they follow is not considered a Sharī’ah rule. This is because it is a statement of a person which is not from the orders and prohibitions of Allah which have been brought to us by the Messenger of Allah, Muhammad . Consequently, all those who follow mazhabs must understand that they are following only the rules of Allah which have been deduced by those imams. If they have a contrary understanding then they will be answerable to Allah for leaving the rules of Allah and following people who are themselves the servants of Allah .
这是从遵循某一教法学派(mazhab)规定的角度而言的。至于离开这些规定,则需要加以考察。如果有人采纳了某一条裁决,但尚未付诸实践,那么他有权离开它,转而依据其中一种更为优胜的条件采纳另一条裁决,而这一条件与寻求真主的喜悦相关。如果他实际上已经践行了这一裁决,那么该裁决对他而言就已成为真主的律法。除非第二条裁决有证据支持,而第一条裁决没有证据支持;或者他通过学习得知第二条裁决的证据比第一条更有力,并且对此确信,否则他不得离开这一裁决、转而采纳另一条裁决。在这种情况下,他有义务离开第一条裁决。这是因为他对伊斯兰教法证据的确信与信任,使该裁决对他而言成为真主的律法。这类似于穆జ਼ਤਹਿਦ(mujtahid,独立求法者):当他发现一个比他推导出该裁决所依据的证据更有力的证据时,他必须放弃先前的观点,采纳新的观点,因为证据更为有力。除此之外的任何情况下,穆盖里德(muqallid,遵循者)在已经依照第一条裁决行事之后,不得离开他所遵循的裁决而改用另一条裁决。
This is from the perspective of following the rules of a mazhab. As for leaving these rules, it has to be examined. If someone adopted a hukm but has not acted upon it yet then he has the right to leave it and adopt another hukm based on one of the preponderant qualifications which is linked to seeking the pleasure of Allah . If he, in actuality, practised it then this hukm has become the rule of Allah with respect to him. It is not permitted for him to leave it and adopt another hukm except when the second hukm is linked with an evidence and the first hukm is not linked to an evidence or if it was proven to him by way of learning that the evidence of the second hukm is stronger than the first and he is convinced of that, in that case it is incumbent on him to leave the first hukm. This is because his conviction and trust in the Sharī’ah evidence has made it the rule of Allah with respect to him, This is analogous to the mujtahid, when he finds an evidence stronger than the evidence from which he deduced the hukm then he must leave the previous opinion and adopt the new opinion due to the strength of the evidence. In any other situation, it is not allowed for the muqallid to leave the hukm he had followed and adopt a different hukm after he had already acted according to the first hukm.
至于对另一位穆哈吉德进行taqlīd以获得另一条允许的判断,这是基于圣门弟子的共识(ijma’),即允许穆格里德就任何问题向任何有学识者求取教法裁决。至于穆格里德选定一个学派,例如沙斐仪派或贾法里派,并说:“我遵循他的学派并坚持它”,这其中有一些细则:对于他已依照所遵循学派付诸实践的问题,他不得再追随其他任何穆哈吉德;而对于他此前未曾付诸实践的问题,他则被允许在这些问题上追随其他穆哈吉德。
As for making Taqlīd to another mujtahid for another hukm that is permitted due to the ijma’ of the Sahabah which has taken place on allowing the muqallid to seek legal verdicts from any learned person in an issue. As for when the muqallid selects a mazhab such as the mazhab of Shafi’i or Ja’far for example, and he says; I follow his mazhab and adhere to it, there are some details for this: he is not allowed to follow any other mujtahid in a mas-ala he has already practised according to the mazhab he is following; while any questions he had not acted upon previously, he is allowed to follow other mujtahiddin in those issues.
然而,须要说明的是:允许一个人放弃自己所遵循的某一裁决而改从另一裁决,其前提是该问题(mas-ala)须与其他问题相互独立,放弃它并不导致违反其他的伊斯兰教法规定。至于当该问题与其他问题相互关联时,则不允许他放弃它,除非他放弃所有与之相关的问题,因为它们都被视为一个问题。例如:若该问题是另一裁决的条件,或是某个完整行为(如拜功、小净)的支柱之一,那么情况即是如此。因此,一个沙斐仪学派信徒若采纳艾布·哈尼法的观点,认为触摸女性不会使小净无效,并依照沙斐仪学派的教法继续拜功,这是不正确的。同样,他也不应追随那种认为拜功中持续移动(无论程度如何)不会使拜功无效、或认为诵读法官章不是拜功支柱之一的人,然后又作为追随者,遵循那种认为拜功中持续移动会使拜功无效、或认为法官章是拜功支柱之一的人的观点而继续拜功。允许一个人放弃的裁决,是指其放弃不会影响依照其他教法规定所进行的行为。
However, it should be made clear that the issue (mas-ala) for which it is allowed for him to leave the hukm that he has been following for another hukm, it is stipulated that the mas-ala should be separate from other questions, and that leaving it does not entail infringement of other Sharī’ah rules. As for when the mas-ala is connected to other masail (sing:mas-ala) then it is not allowed for him to leave it unless he leaves all the masail connected to it, because they are all considered as one mas-ala. For instance; if the mas-ala was a condition in another hukm, or one of the pillars (arkan) of a complete action such as the prayer (salah), wudu (ablution) and pillars (arkan) of the Salah. Thus, it is not correct for a Shafi’i to follow Abu Hanifah’s opinion that touching the women does not invalidate the wudu and continue praying according to the mazhab of al-Shafi’i. It is not right for him to follow the one who takes the opinion that constantly moving in prayer (to whatever extent this may be) does not invalidate the prayer or that the recitation of the Fatihah is not one of the pillars of prayer and then he continues to pray as a muqallid of the one who holds the opinion that constantly moving in prayer does invalidate it or that the Fatihah is one of the pillars of the prayer. The hukm one is allowed to leave is that whose relinquishment does not affect the actions which are undertaken according to other Sharī’ah rules.