4.20 乌玛(穆斯林共同体)无权罢免哈里发。
4.20 The Ummah does not reserve the right to remove the Khaleefah
尽管乌玛(穆斯林共同体)是任命哈里发并向其效忠宣誓(拜亚)的一方,但一旦按照伊斯兰教法(沙里亚)完成了拜亚,乌玛便无权罢免他(即解除其职务)。
Although the Ummah is the one who appoints the Khaleefah and gives him the Bay’ah, yet once the Bay’ah has been convened according to Shar’, the Ummah does not have the right to remove him (from office).
这是因为有圣训确凿地命令穆斯林服从哈里发,即便他做出了恶行(munkar,作恶),犯下了压迫的行为,甚至克扣了民众的权利,只要他没有命令他们去做违抗真主的事(ma'asiyah),也没有表现出明显的不信。布哈里援引伊本·阿拔斯的话说:安拉的使者ﷺ说:
This is because of the Sahih Ahadith which order the Muslims to obey the Khaleefah even if He committed Munkar (mischief), committed an act of oppression or even withheld people’s rights, so long as He did not order them of an act of disobedience (Ma’asiyah), nor show flagrant disbelief. Al-Bukhari narrated from Ibnu ‘Abbas who said that the Messenger of Allah (pbuh) said:
“如果有人在他的埃米尔(Ameerihi)身上看到某些令他不悦的事,他应当忍耐。因为,凡与统治者(Sultan,即权威)分离哪怕一掌之距,并以此状死去的人,他是以蒙昧时代(Jahiliyyah)的方式死去。”“Ameerihi”一词在这段圣训中是泛指的,因此它包括哈里发在内,因为他是信士们的埃米尔。穆斯林(Muslim)引述艾卜·胡莱赖(Abu Hurayra)的传述说:安拉的使者ﷺ曾说:
“If anyone sees in his Ameer (Ameerihi) something that displeases him let him remain patient: For behold! He who separates himself from the Sultan (authority) by even so much as a hand span and dies thereupon, He has died the death of Jahiliyyah.” The phrase Ameerihi is general in this Hadith, so it includes the Khaleefah because He is the Ameer of the believers. Muslim narrated from Abu Hurayra who said that the Messenger of Allah (pbuh) said:
“‘先知们统治以色列的子孙。每当一位先知去世,就会有另一位先知接替他;但在我之后不会再有先知。将会有哈里发,而且人数众多。’他们问道:‘那么您命令我们做什么?’他ﷺ说:‘要依次履行对他们的效忠,并把他们应得的权利交给他们。真主必定会就他们所受托的事务向他们问责。’”穆斯林圣训实录记载,萨拉马·本·叶济德·贾阿菲问真主的使者ﷺ:“‘真主的先知啊,如果我们被那些向我们索取他们应得的权利、却不给我们应得之权利的埃米尔所统治,那么您命令我们怎么做呢?’真主的使者ﷺ把脸转了过去;他又问了一次,真主的使者ﷺ仍然回避他;然后他第二次或第三次发问,此时阿什阿斯·本·盖斯拉住了他,于是真主的使者ﷺ说:”
“‘The Prophets ruled over the children of Israel. Whenever a Prophet died, another Prophet succeeded him, but there will be no Prophet after me. There will be Khulafaa’, and they will number many.’ They asked: ‘What then do you order us?’ He (pbuh) said, ‘Fulfill allegiance to them one after the other, and give them their dues. Verily Allah will ask them about what He entrusted them with.’” Muslim reported that Salama ibn Yazid Al-Ja’afi asked the Messenger of Allah (pbuh) : “‘O Prophet of Allah, if we were to be ruled by Ameers who ask us for their dues and deny us our dues, what do you order us to do then?’ The Messenger of Allah (pbuh) turned his face away; He asked him again and Allah’s Messenger (pbuh) avoided him; then He asked for the second or the third time and He (pbuh) was pulled by Al-Ash’aath ibn Qays, so the Messenger of Allah (pbuh) said:
“听从并服从,因为他们要为自己的行为负责,而你也要为你的行为负责。”穆斯林圣训实录载:奥夫·本·马立克说:“我听见安拉的使者ﷺ说,”
‘Hear and obey, for they shall be accountable for their actions and you shall be accountable for yours.’” Muslim reported from ‘Auf ibn Malik who reported; “I heard the Messenger of Allah (pbuh) say,
“你们最好的伊玛目,是你们爱他们、他们也爱你们,你们为他们祈祷、他们也为你们祈祷的人;你们最差的伊玛目,是你们恨他们、他们也恨你们,你们诅咒他们、他们也诅咒你们的人。”有人问:“安拉的使者啊,那我们是否应当起来对抗他们?”他ﷺ说:“不,只要他们在你们中间维持拜功。若你们当中有人被某位瓦利统治,看见他犯了罪,就应当憎恶他所犯的违抗安拉的罪行,但不要从顺从中抽出自己的手。”穆斯林从忽宰法·本·叶玛尼传述:安拉的使者ﷺ说:
‘The best of your Imams are those whom you love and they love you and you pray for them and they pray for you; and the worst of your Imams are those whom you hate and they hate you and you curse them and they curse you.’ We asked, ‘O Messenger of Allah, shall we not then declare war on them?’ He (pbuh) said: ‘No, as long as they establish prayer among you. Behold, if anyone was ruled by a Wali and saw him committing a sin, let him hate the sin committed against Allah, but let him not withdraw his hand from obedience.’” Muslim narrated from Huzayfah ibn al-Yamaan that the Messenger of Allah (pbuh) said:
“‘在我之后将有一些伊玛目,他们不遵循我的指引,也不依照我的逊奈行事;你们中将会出现一些人,身体是人的,心却是恶魔的心。’胡宰夫问道:‘如果我遇到那个时代,我该怎么做呢?’他ﷺ说:‘你应当听从并服从埃米尔,即使他鞭打你的背、夺取你的钱财;要听从,要服从。’”艾哈迈德和艾布·达伍德转述:安拉的使者ﷺ说:
“‘There will be Imams after me who will not be guided by my guidance, nor will they act according to my Sunnah; some men will rise amongst you with satans’ hearts in human bodies.’ Huzayfah asked, ‘What shall I do, if I were to reach that time?’ He (pbuh) said, ‘You should hear and obey the Ameer even if He whipped your back and took your money; do hear and obey.’” Ahmad and Abu Dawood reported that the Messenger of Allah (pbuh) said:
“‘啊,艾布·宰尔,如果有某个Wulah占有了战利品并剥夺了你的份额,你会怎么做?’他说:‘以派你携带真理而来的那位发誓,我会举起我的剑战斗,直到与你相见。’于是他ﷺ说:‘让我告诉你一件比那更好的事:忍耐,承受,直到你与我相见。’”所有这些圣训都表明,哈里发可能会违背沙里亚的规定行事。然而尽管如此,安拉的使者ﷺ仍命令我们服从他(哈里发),对他的不公保持忍耐并坚持下去。这清楚地证明,乌玛并不拥有罢免哈里发的权利。此外,安拉的使者ﷺ曾有一次拒绝解除一名贝都因人的效忠誓约。布哈里圣训集记载,贾比尔·本·阿卜杜拉传述说:“……一名贝都因人向安拉的使者ﷺ宣誓归信伊斯兰。不久之后他感到不适,便对安拉的使者ﷺ说:‘你能解除我的效忠誓约吗!’安拉的使者ﷺ拒绝了;他又回来说:‘解除我的效忠誓约!’他ﷺ仍然拒绝,那人便离开了。于是安拉的使者ﷺ说:”
“‘O Abu Dharr, what would you do if some Wulah possessed the booty and deprived you of it?’ He said, ‘By He Who sent you with the Truth, I would raise my sword and fight until I join you.’ Upon this He (pbuh) said, ‘Let me tell you something that would be better for you than that. Remain patient and bear it until you join me.’” All these Ahadith demonstrate that the Khaleefah could act against the Shar’a rules. Yet despite this, the Messenger of Allah (pbuh) ordered us to obey him (the Khaleefah), to be patient towards his injustice and to persevere. This clearly proves that the Ummah does not reserve the right to remove the Khaleefah. Besides, the Messenger of Allah (pbuh) refused on one occasion, to relieve a Bedouin from his Bay’ah. Al-Bukhari narrated from Jabir ibn ‘Abdullah who reported that; “… a Bedouin gave his Bay’ah of Islam to the Messenger of Allah (pbuh) . Soon after He felt a malaise, so He said to the Messenger of Allah (pbuh), ‘Would you relieve me of my Bay’ah!’ The Messenger of Allah (pbuh) refused; He then came back and said, ‘Relieve me of my Bay’ah!’ He (pbuh) refused, so the man left. Upon this the Messenger of Allah (pbuh) said:
“‘المدينة كالكير، تنفي خبثها، وتنصع طيبها’。” 这证明,一旦宣誓效忠(Bay'ah)已经完成,宣誓者就必须遵守。这意味着他们无权罢免哈里发,因为他们无权收回已经给予哈里发的效忠。若说那位贝都因人想要离开伊斯兰,才寻求解除其效忠誓言而非服从国家元首,那是错误的。因为如果事实如此,他的行为就会被视为叛教,而穆圣ﷺ必定会将他处死,因为叛教者的刑罚就是死刑。效忠本身不是为了皈依伊斯兰,而是为了服从。因此,那位贝都因人想摆脱的是他的服从誓言,而非叛教。所以,穆斯林无权撤销其效忠誓言,也不享有罢免哈里发的权利。沙里阿已经界定并说明了哈里发在何种情况下必须自动被罢免,以及何时罢免成为必要。然而,这并不意味着乌玛拥有罢免他的权利。
‘Al-Madina is like the bellows, she banishes her bad odours and manifests her sweet scent.’” This proves that once the Bay’ah has been taken, those who gave it must be committed to it. This means that they have no right to remove the Khaleefah, because they have no right to take back the Bay’ah they gave to him. It would be wrong to claim that the Bedouin wanted to leave Islam by seeking relief from his Bay’ah rather than the obedience to the Head of State. This is because if this had been the case, his act would have been considered as apostasy, and the Messenger of Allah (pbuh) would most certainly have killed him, since the punishment for the apostate is killing. The Bay’ah itself is not a Bay’ah for embracing Islam but for obedience. Therefore, the Bedouin wanted to rid himself from his oath of obedience, not to apostasise. Muslims have thus no right to renounce their Bay’ah and they do not reserve the right to remove the Khaleefah. Shar’a has defined and demonstrated when the Khaleefah must be removed automatically and when his removal becomes necessary. This does not however, imply that the Ummah reserves the right of removing him.