为何我们选择他的法学派而非其他学派
Why We Chose His Legal School Over The Others
请记住——愿真主引导你正道!——当面临艰难抉择时,唯一能辨明正确做法的方式,是抛开个人情感与偏见,有条理地探寻真理,不过分盲从当事人的名望与声誉。如果你这样做,困惑的迷雾就会消散。反之,如果你任由自己的喜好把自己引入歧途,就很难再回到正路上来。98.1
Recall—may God lead you aright!—that when faced with a difficult choice, the only way to discern the right course of action is to put personal feelings and partisanship aside and search systematically for the truth, without undue deference to the names and reputations of those involved. If you do this, the fog of perplexity will dissipate. If, on the other hand, you allow yourself to be led astray by your inclinations, it will be difficult to find your way back to the straight and narrow. 98.1
请注意,在考察了立法的证据基础和法理学的根基,并深入研究了那些为立法而运用其理智的人物的传记之后,我发现我们所说的这位人物在这些领域中是最博学的。982
Note, then, that after examining the evidentiary basis of the Law and the foundations of jurisprudence, and delving into the biographies of those who exercised their faculties on behalf of the Law, I find our man to have been the most knowledgeable in those fields. 98.2
首先,他积极致力于保存和传述神的经典。983
To begin with, he was active in the preservation and transmission of the Book of God. 98.3
[ʿAbd Allāh:] 我的父亲艾哈迈德·本·罕百勒亲自选择教我整部《古兰经》。530 98.4
[ʿAbd Allāh:] My father Aḥmad ibn Ḥanbal taught me the entire Qurʾan by his own choice.530 98.4
艾哈迈德本人曾与叶海亚·本·阿丹、欧拜杜拉·本·萨巴赫、伊斯马仪·本·贾法尔等人一同诵读此书,此处省略他们的传述系统名单。朗读时,他不允许将某个字母的发音读得接近 i,并援引圣训为证:“《古兰经》是以接近 u 而非 i 的发音降示的,所以要照那样诵读。”除了 ittakhadhtum(“你们已经采取”)531 等类似的词以外,他不使相邻的字母同化,阿布·伯克尔则有过同化的做法。他还将长元音适度延长。532
Aḥmad himself read the text with Yaḥyā ibn Ādam, ʿUbayd ibn al-Ṣabbāḥ, Ismāʿīl ibn Jaʿfar, and others—omitting here the list of their authorities. When reading, he would not let the pronunciation of a approximate that of i, citing the Hadith: “The Qurʾan was revealed with a pronounced closer to u than to i, so recite it that way.” He would not assimilate adjacent letters except in the word ittakhadhtum (“you have taken”)531 and the like, as did Abū Bakr. And he would extend long vowels to a moderate extent.532
他还编撰了关于古兰经学科的著作,包括注释学、废止学、词序调换学等,正如我们在关于他著作的章节中所指出的那样。
He also compiled works on the Qurʾanic sciences, including exegesis, abrogation, transposition, and the like, as we have noted in the chapter on his writings.
在圣训方面,学界普遍公认,他在记诵的数量以及辨别真伪圣训的能力上,即便在同辈的学者中也是独一无二的。在早期的学者中,马立克对圣训的掌握超过了所有在他之前的人。要看出艾哈迈德在这方面又胜过了马立克,只需比较艾哈迈德的《圣训集》与马立克的《穆宛塔》即可。98.5
Turning to Hadith, there is universal agreement that he was unique even among his fellow exemplars in the sheer amount he memorized as well as his ability to distinguish the authentic from the dubious. Among earlier men of learning, Mālik knew more Hadith than anyone who came before him. To see that Aḥmad in turn outdid Mālik, one need only compare Aḥmad’s Authenticated Reports with Mālik’s Well-Trodden Path. 98.5
如果有人问及圣训传述者的声誉,艾哈迈德还能像背诵《古兰经》开篇章那样轻松地从记忆中列举他们的优点与缺点,问多少次都一样。任何人只要翻阅艾布·伯克尔·海拉勒所编的《缺陷录》,便会立刻明白这一点。在这方面,他的同侪无人能及;在先知ﷺ的圣门弟子所传的教法见解、特殊美德、一致意见与分歧意见方面,也无人能与他的造诣相抗衡。
If asked, furthermore, about the reputations of Hadith transmitters, Aḥmad could list their virtues and defects from memory whenever he was asked as easily as he might recite the opening chapter of the Qurʾan. Anyone who looks at the Defects compiled by Abū Bakr al-Khallāl will see this immediately. None of his colleagues could match him in this respect, nor could any contest his mastery of the legal opinions, special virtues, points of agreement, and differences of opinion attributed to the Companions of the Prophet.
至于阿拉伯语的学习,艾哈迈德本人曾说:"我写过的阿拉伯语比艾布·阿慕尔·沙巴尼还多。"986
As for the study of the Arabic language, Aḥmad himself used to say, “I’ve written more Arabic than Abū ʿAmr al-Shaybānī.” 98.6
关于依据类比(qiyās)对法律问题作出裁决,艾哈迈德在演绎推理方面的成就多得不胜枚举,此处篇幅有限,只能在关于他理智能力的章节中举几个例子。987
As for ruling on legal questions on the basis of analogy, Aḥmad has more feats of deductive reasoning to his credit than we have room for, but several examples may be found in the chapter on his powers of intellect. 98.7
除了上述所有学术造诣之外,他还具有超凡的品格,能够舍弃尘世,并对自己施加一种同侪无人能及的严谨自律。其他学者中,没有谁被描述为如此坚决、毫不松懈地拒绝朋友的馈赠,以及当权者许诺的俸禄。
In addition to all of these scholarly attainments, he had the force of character to renounce the world and impose on himself a scrupulousness that none of his fellows could match. No other scholar is described as declining with such unremitting severity the gifts offered by his friends as well as the emoluments dangled by the authorities.
若我愿意冒犯这些人的名誉之险,我可以列举其他主要人物接受馈赠的例子,并描述他们在此类情况下愿意放宽标准的态度。相反,艾哈迈德甚至放弃了被允许的事物,本书已经以足够详尽的篇幅展示了这一点。98.8
Were I willing to risk the danger to their reputations, I could cite examples of gifts accepted by the other major figures and describe their willingness to relax their standards in such cases. Aḥmad, conversely, renounced even permitted things, as this book has shown in more than sufficient detail. 98.8
艾哈迈德证明了自己有能力为真理而承受巨大而可怕的考验,这一点在他的同伴中无人能及。
In addition to all of the above, Aḥmad proved himself capable of suffering great and terrible ordeals in the service of truth, a feat unmatched among his comrades.
[al-Shāfiʿī:]穆罕默德·本·哈桑问我,他的范本与我的范本,哪一个更好?533 我问他是想公正地评判各自应得的,还是只想互相夸耀。他回答说,他想要的是公平的比较。989
[Al-Shāfiʿī:] Muḥammad ibn al-Ḥasan asked me who was better: his exemplar or mine?533 I asked him if he wanted to give each man his due or merely have a boasting match. He replied that he wanted a fair comparison. 98.9
"那么,"我说,"告诉我,你们那位学者在哪些方面更胜一筹?""在经典、共识、逊奈和类比方面。""现在说实话,以真主为证!论对真主经典的了解,是我们的人更深,还是你们的人更深?""嗯,如果要我起誓,那就是你们的人。""那先知的逊奈呢?""还是你们的人。""那么同伴们的见解呢?""还是你们的人。""那除了类比,你们还剩下什么?""什么都没有了。""而即便在类比上,我们也比你们更有理由使用。区别在于,我们是以明文经训为依据进行类比的,因此推理清晰可见。"这里所作的比较,是在艾卜·哈尼法与马立克·本·艾奈斯之间进行的。
“In that case,” I said, “tell me where your man excels.” “In the Book, consensus, sunnah, and analogy.” “Tell the truth now, with God as your witness! Who knows the Book of God better: our man or yours?” “Well, if I’m under oath, then it’s your man.” “What about the sunnah of the Prophet?” “Your man again.” “And the opinions of the Companions?” “Your man again.” “So what have you got left besides analogy?” “Nothing.” “And even there, we have better claim to using analogy than you. The difference is that we draw analogies on the basis of revealed texts so that the reasoning is clear.” The comparison here is between Abū Ḥanīfah and Mālik ibn Anas.
通过记载这段对话,阿什-沙菲仪为我们省去了与阿布·哈尼法的追随者辩论的麻烦。艾哈迈德优于马立克已成定论:艾哈迈德掌握了马立克所知的一切,并有所增益,这从《道路》与《经过验证的圣训》的比较中即可看出。至于阿什-沙菲仪,他精通各门学问,却在圣训传述方面承认艾哈迈德的造诣;而圣训正是法理推论所依托的枢纽。98.10
By reporting this exchange, al-Shāfiʿī saves us the trouble of debating with the partisans of Abū Ḥanīfah. Aḥmad’s superiority to Mālik is acknowledged, Aḥmad having learned everything Mālik knew and then added to it, as attested by any comparison of the Well-Trodden Path and the Authenticated Reports. Al-Shāfiʿī, for his part, was well versed in the various fields of learning but conceded Hadith transmission to Aḥmad; and Hadith is the pivot upon which legal reasoning turns. 98.10
[艾哈迈德:] 沙斐仪对我说:“你比我更熟悉圣训。每当你发现某段圣训是真实可靠的,就告诉我,我好采纳它。” 98。11
[Aḥmad:] Al-Shāfiʿī told me, “You know Hadith better than I do. Whenever a Hadith turns out to be sound, let me know so I can adopt it.” 98.11
[ʿAbd Allāh:] 我听到我父亲说:“沙斐仪曾对我说:‘艾哈迈德,凡是关于真主的使者ﷺ的圣训被证明是可靠的,就告诉我,好让我采用。’”9812
[ʿAbd Allāh:] I heard my father say, “Al-Shāfiʿī once said to me, ‘Aḥmad, whenever a report about the Emissary of God proves to be sound, let me know so I can use it.’” 98.12
[ʿAbd Allāh:] 我听父亲说:"穆罕默德·本·伊德里斯·沙斐仪曾对我说:‘艾哈迈德,你比我更清楚哪些圣训是可靠的。无论你在库法、巴士拉还是叙利亚发现了可靠的圣训,都请告诉我,我好采用它。’"98.13
[ʿAbd Allāh:] I heard my father say, “Muḥammad ibn Idrīs al-Shāfiʿī once said to me, ‘Aḥmad, you know better than I which reports are sound. Whenever you find a sound one, whether from Kufa, Basra, or Syria, let me know so I can adopt it.’” 98.13
每当阿布·沙菲仪在其书中说“我引述一位可靠的人士”或“我听一位可靠的人士传述”时,他指的是我的父亲。
Whenever in his book al-Shāfiʿī says, “I cite a trustworthy source” or “I heard a trustworthy source report,” he means my father.
因此,沙斐仪在巴格达所著之书,论证比他在埃及所著之书更为精当。534 他在此地时,会向我父亲请教,我父亲便加以指正;而在埃及,却没有人能在他采用弱传闻时予以纠正。我听父亲说:"沙斐仪从我这里所学,比我从他那里所学更多。"[穆罕默德·伊本·伊斯哈格·伊本·拉胡维:"我听父亲说:"沙斐仪从未遇到过像艾哈迈德·伊本·罕百勒那样的人。"98。14
This is why the book al-Shāfiʿī wrote in Baghdad is better argued than the one he wrote in Egypt.534 When he was here, he would ask my father, who would correct him; but in Egypt there was no one to catch him when he used a weak report. I heard my father say, “Al-Shāfiʿī learned more from me than I did from him.” [Muḥammad ibn Isḥāq ibn Rāhawayh:] I heard my father say, “Al-Shāfiʿī never met anyone like Aḥmad ibn Ḥanbal.” 98.14
[Aḥmad ibn Kāmil:] 艾哈迈德的几位同伴告诉我,他常说:"沙斐仪从我们这里学到的,比我们从他那里学到的还多。" 98.15
[Aḥmad ibn Kāmil:] Several of Aḥmad’s associates told me that he used to say, “Al-Shāfiʿī learned more from us than we did from him.” 98.15
[Abū Ḥātim:] 我更倾向于将艾哈迈德·本·罕百勒置于沙斐仪之前。沙斐仪作为一名法学家而非圣训专家,他的圣训知识是从艾哈迈德那里学来的。他常常问他:"这段传述可靠吗?人们知道它吗?"如果艾哈迈德说可靠,他便采纳并以之为依据立论。98.16
[Abū Ḥātim:] I’d give Aḥmad ibn Ḥanbal precedence over al-Shāfiʿī. Being a jurist and not a Hadith expert, al-Shāfiʿī learned about Hadith from Aḥmad. He would often ask him, “Is this report strong? Do people know it?” If Aḥmad said it was, he would take it and build on it. 98.16
[阿特拉姆:] 有一次我们在布韦蒂的讲席上,他引用沙斐仪的话念给我们听,说以沙土代替净身,包括两次拂拭。但当我诵读阿马尔转述先知ﷺ所说的那段圣训,即“以沙土代替净身,只需一次拂拭”时,他便把书中的“两次拂拭”划掉,改为“一次拂拭”,与阿马尔的传述相符。98.17
[Al-Athram:] Once when we were in al-Buwayṭī’s circle, he read to us, citing al- Shāfiʿī, that ablution with sand consists of two passes.535 But when I recited the Hadith where ʿAmmār quotes the Prophet as saying, “Ablution with sand consists of one pass,”536 he rubbed “two passes” out of his book and changed it to “one pass,” as in the report of ʿAmmār. 98.17
他还说:“每当你们找到关于先知的可靠传述时,就应优先采用它,而不是我可能说过的任何话。要采纳圣训,并像它出自我口一样去遵行。”[阿勒-布沙尼:] 我认为艾哈迈德比苏福延·赛欧里更有学识,也更有洞察力。毕竟,苏福延从未遭受过艾哈迈德所经历的那般可怕的磨难。另外,苏福延以及他那个时代的其他本地学者,所知不可能比艾哈迈德更多,因为艾哈迈德所知的,是他们所有人所知之总和。他也更清楚他们之中谁传述得准确、谁犯过错误,更不必说谁诚实、谁说谎了。98.18
He also said, “Whenever you find a reliable account of the Prophet, prefer it to whatever I might have said. Adopt the Hadith and use it as if it had come from me.” [Al-Būshanjī:] I think of Aḥmad as more learned and more insightful than Sufyān al-Thawrī. After all, Sufyān never had to suffer an ordeal as terrible as the one Aḥmad went through. Also, Sufyān and the other local scholars of his time cannot have known as much as Aḥmad did, since Aḥmad knew what all of them knew put together. He also had a clearer sense of which of them transmitted accurately and which ones made mistakes, not to mention which were honest and which ones lied. 98.18
【作者:】前文应已清楚说明,艾哈迈德的学术地位之崇高,正是使如此众多的人加入其释经传统的原因。在他的同伴中,那些致力于认识律法的人,并非仅仅效法他。相反,他们依据他的裁决所蕴含的意义行事。在此过程中,他们可能偏取他的某一传闻而舍弃另一传闻,甚至选择一种为该学派原初学者所未采纳的立场,只要它与他裁决所蕴含的意义相符。因此,这一立场只能在与他言论的总体精神相契合的意义上,才被归于艾哈迈德学派。98.19
[The author:] The foregoing should give a clear idea of the scholarly preeminence that has persuaded so many to join Aḥmad’s interpretive tradition. Those of his associates who strive to know the Law do not merely imitate him. Rather, they act in accordance with the implication of his rulings. In doing so, they may favor one report of his view over another, and even choose a position that was never adopted by the original jurists of the school so long as it is consistent with the implication of his rulings. The position may thus be attributed to Aḥmad’s school only in the sense that it conforms to the general spirit of his statements. 98.19
附录
Addendum
如果阿布·哈尼法的追随者夸耀他们的楷模曾见过一些圣门弟子呢?9820
What if partisans of Abū Ḥanifah boast that their exemplar knew some of the Companions? 98.20
有两种反驳。第一种是引用达拉古特尼的话,他说:“艾卜·哈尼法从未见过任何一位圣门弟子。”以及艾卜·伯克尔·海extib(Khaṭīb)的话,他说:“他见过安斯·伊本·马立克。”第二种是指出:若依照这种推理,那么就应当让赛义德·伊本·穆塞耶卜以及其他曾见过圣门弟子的人优先于艾卜·哈尼法。537
There are two rebuttals. The first is to cite al-Dāraquṭnī, who said, “Abū Ḥanīfah never met any of the Companions”; and Abū Bakr al-Khaṭīb, who said, “He saw Anas ibn Mālik.” The second is to say that by that reasoning they should grant Saʿīd ibn al- Musayyab and others who did meet the Companions precedence over Abū Ḥanīfah.537
如果马立克的追随者夸耀他们的榜样曾与再传弟子相遇过呢?98.21
What if partisans of Mālik boast that their exemplar knew the Successors? 98.21
这一说法被其所提及的再传弟子的见证所推翻。那些再传弟子曾与众圣门弟子交往,然而他们却将马立克置于那些圣门弟子之上。538
This claim is invalidated by reference to the Successors whom he met. Those Successors had known the Companions, and yet gave Mālik precedence over them.538
如果有人说:“马立克是麦地那知识的宝库”,那就承认这一点,但随后要说:我们的榜样艾哈迈德已经掌握了马立克所知的一切,并且还有所增益。
If they say, “Mālik is the repository of the knowledge of Medina,” then concede the point, but then say that our exemplar Aḥmad acquired everything Mālik knew and added to it.
如果al-Shāfiʿī的追随者夸耀他的血统与先知相近,而先知ﷺ曾说:"把古莱什人置于前列,不要抢先于他们;向他们学习,不要自以为能教导他们。"9822
What if partisans of al-Shāfiʿī boast that his lineage strikes close to that of the Prophet, who said, “Put Quraysh first and do not step out ahead of them; learn from them and do not presume to teach them”? 98.22
对此我们的回答是:血缘关系并不意味着在学识上应当优先于他人。在再传弟子中,几乎所有的学者都是部族中的非阿拉伯裔附庸。其中包括al-Ḥasan al-Baṣrī、Ibn Sīrīn、ʿAṭāʾ、Ṭāwūs、ʿIkrimah、Makḥūl等人。凭借他们渊博的学识,人们认为他们超越了同时代那些仅凭血统而获得尊贵地位的人。
To this we reply that kinship does not entail giving him precedence over others in learning. Among the Successors, almost all the learned men were non-Arab affiliates of the tribes. These include al-Ḥasan al-Baṣrī, Ibn Sīrīn, ʿAṭāʾ, Ṭāwūs, ʿIkrimah, Makḥūl, and others. By virtue of their great learning, they were perceived as having outdone those of their contemporaries whose nobility depended only on lineage.
人们接受了伊本·麦斯欧德和宰德所说的话,却拒绝了同样的说法,只因它出自伊本·阿拔斯之口。539
People accepted what Ibn Masʿūd and Zayd told them and rejected the same claim when it came from Ibn ʿAbbās.539