4.3 优先选择的条件
4.3 The conditions of preference
以上所述是任命哈里发所必需的契约条件。除上述七项条件之外,任何其他条件都不构成缔结哈里发职位的必要前提。不过,若与之相关的经文已获证实,或被列入某条经由可靠(Sahih)经文确立的规则之下,则这些条件属于优先条件。一项条件要成为契约条件,其证据必须包含决定性的命令(Talab Jazim),以表明其为义务。若证据不包含决定性命令,该条件便只是优先条件。除这七项条件外,未发现包含决定性命令的证据,因此只有这七项构成契约条件。至于其他条件,即便某条规则已被证实为可靠,也只构成优先条件。 因此,哈里发必须是穆贾台希德(Mujtahid)这一规定不是契约条件,因为它未经包含决定性命令的经文证实。此外,哈里发的职责是治理,因此他不需要自行进行伊吉提哈德(Ijtihad),他可以询问教法裁决,或遵循穆贾台希德的意见并基于模仿(Taqlid)采纳其观点,所以他不必是穆贾台希德。不过,他具备这一资格是更可取的,但即便他不具备,哈里发职位依然有效缔结。哈里发不必勇敢,也不必是精明的政治家或管理民众事务的专家,因为没有证据支持这些条件,它们也不属于使其成为契约条件的神圣律例。不过,哈里发具备有远见、有见识的勇气是更可取的。哈里发也不必一定出自古莱什部族。 至于布哈里所传述的,穆阿维叶说:我听到安拉的使者ﷺ说:
The aforementioned are the contractual conditions necessary for the Khaleefah to be appointed. Any other condition, apart from the seven mentioned above, does not constitute a necessary prerequisite for contracting the Khilafah. Such conditions however, constitute conditions of preference if the texts relating to them are confirmed, or if they are listed under a rule that has been confirmed by a sound (Sahih) text. In order for the condition to be a contractual one it should have evidence that includes a decisive command (Talab Jazim) to indicate that it is obligatory. If the evidence does not include a decisive command then the condition becomes only one of preference. No evidence containing a decisive command has been found except for those seven conditions; therefore they alone constitute the contractual conditions. As for the other conditions, whereby a rule has been confirmed as sound, these would constitute conditions of preference only. Therefore, the stipulation that the Khaleefah must be a Mujtahid is not a contractual condition because this has not been confirmed by a text indicating a decisive command. Moreover, the duty of the Khaleefah is to rule, so He is not in need of his own Ijtihad, as He could ask about a verdict or follow the opinions of a Mujtahid and adopt opinions on the basis of his imitation (Taqlid), thus it is not necessary for him to be a Mujtahid. It is, however, preferable for him to be so, but if He is not his Khilafah would still be contracted. The Khaleefah does not have to be brave, nor a shrewd politician or an expert in managing the affairs of the people because there are no evidences to back these conditions, nor do they come under a divine rule that makes them contractual conditions. It is, however, preferable for the Khaleefah to be brave with vision and opinion . The Khaleefah does not also necessarily have to be from Quraysh. As for what has been reported by Al-Bukhari from Mu’awiya that He said: I heard the Messenger of Allah (pbuh) say:
“这件事确实属于古莱什人。只要他们坚持实行宗教,任何敌视他们的人,安拉都会使他面朝下倒下。”以及布哈里根据伊本·欧麦尔的传述所记载的:安拉的使者ﷺ说道:
“Verily this matter is within Quraysh. As long as they implemented the Deen, if anyone were hostile to them, Allah would throw him on his face.” And what Al-Bukhari narrated on the authority of Ibnu ‘Umar that He said: The Messenger of Allah (pbuh) said:
“即使只剩下两个古莱氏人,此事仍属于古莱氏。”这些圣训以及其他已被证实为真实可靠、且与安拉的使者ﷺ相关的圣训表明,权威属于古莱氏人,它们是以陈述句而非祈使句的形式出现的。没有一段圣训含有命令,尽管它们含有请求。然而,这样的请求并非确定的命令,因为没有证据使其具有确定性。没有任何圣训与能使其成为确定命令的语境(Qareena)相关联,这表明它是曼杜卜(推荐的)而非义务的。因此,这是优先的条件,而不是契约性的条件。至于安拉的使者ﷺ所说的:
“This matter would still be within Quraysh even if only two of them remained.” These and other Ahadith, proved sound and related to the Messenger of Allah (pbuh) that the authority is amongst the people of Quraysh, they have actually come in an informative form and not an imperative one. Not one Hadith actually carries a command even though they carry a request. Such a request, however, is not a conclusive command because there is no evidence to qualify them for this. No Hadith has been linked to any connotation (Qareena) that makes it a conclusive command, which indicates that it is Mandub (desirable) and not obligatory. It is, therefore a condition of preference and not a contractual condition. As for Allah’s Messenger (pbuh) saying:
“如果有人敌视他们,安拉会将他面朝下扔入火中。”这表明禁止敌视他们,而不是对以下说法的确认:
“if anyone were hostile to them, Allah would throw him on his face.” This indicates prohibition of being hostile to them and not confirmation to his saying:
“这件事属于古莱氏。”圣训说,这件事(即统治权)属于他们,随后又禁止与他们为敌。此外,“古莱氏”一词是名称,而不是描述语。在伊斯兰教法术语中,它被称为专名(称号)。而从称号中推导出的含义是不被采纳的,因为称号本身并无任何含义(Mafhoom)。因此,提到古莱氏并不意味着统治的地位不能属于古莱氏以外的人。所以,当安拉的使者ﷺ说:“这件事确实属于古莱氏……”以及他的话:
“this matter is within Quraysh.” The Hadith says that the matter (ruling) is within them, and it then proceeds to forbid hostility to them. Besides, the word Quraysh is a name and not a description. In Shari’ah terminology it is known as a title. And the meaning derived from the title is never considered, because the title has no meaning (Mafhoom) at all. Therefore, the mention of Quraysh does not mean that the position of ruling cannot belong to other than Quraysh. So when Allah’s Messenger (pbuh) said: “Verily this matter is within Quraysh...” and his saying:
“这件事仍将在古莱什人之中……”他(ﷺ)并不是说这一权柄由古莱什人以外的人掌握就是错误的。他(ﷺ)的意思是,它在古莱什人之中,同时,它交到非古莱什人手中也是有效的。因此,将统治者限定为古莱什人,并不意味着其他人就不能有效地担任统治者。所以,这是一种优先的条件,而不是契约性的条件。
“This matter would still be within Quraysh...” He (pbuh) did not mean that it is wrong for it (the ruling) to be in other than Quraysh. He (pbuh) meant that it is within Quraysh and, as well, it is valid to be in the hands of others who are not from Quraysh. Thus specifying the people of Quraysh as rulers does not necessarily mean that others are not valid to rule. Therefore, it is a condition of preference and not a contractual condition.
确实,先知穆罕默德ﷺ任命阿卜杜拉·伊本·鲁瓦哈、宰德·本·哈里ษ和乌萨马·本·宰德担任管理职务,这三人都不是古莱士部落的人。因此,先知穆罕默德ﷺ确实任命了古莱士以外的人担任统治职位。这句话中的“此事”(Amr)指的是权威,即统治的权力,而且这并不仅限于哈里发职位。先知穆罕默德ﷺ任命古莱士以外的人担任权威职位,这表明权威并非专属于古莱士人,也并非禁止其他人担任。因此,圣训中提到了一些有资格担任哈里发职位的人,这是为了表明他们的优先性,并不表示哈里发职位专属于他们,也不表示其他人不得担任。
Indeed the Messenger of Allah (pbuh) appointed ‘Abdullah Ibn Ruwahah, Zayd Ibnu Harith and Usama Ibnu Zayd to positions of authority and all three were not from Quraysh. Thus the Messenger of Allah (pbuh) did appoint people from other than Quraysh to positions of ruling. In this phrase “this matter” (Amr), means the authority, i.e. the authority to rule, and this does not only apply to the post of Khilafah. The fact that the Messenger of Allah (pbuh) did appoint people from outside Quraysh in posts of authority indicates that authority is not exclusively confined to the people of Quraysh, and prevented from others. Therefore, the Ahadith have mentioned some of the people who are worthy of the Khilafah post, to indicate their preference and do not indicate that it is exclusively confined to them or prohibited for other than them.
哈里发不一定非要出自哈希姆家族或阿里家族。真主的使者(pbuh)ﷺ曾任命并非出自伯努·哈希姆、也非出自伯努·阿里的人担任权职。他(pbuh)ﷺ出征塔布克时,任命穆罕默德·本·麦斯莱玛为麦地那的瓦利,而他既不是哈希姆家族的人,也不是阿里家族的人。他(pbuh)ﷺ还任命穆阿兹·本·哲白勒和阿慕尔·本·阿绥为也门的官员,二人也都不属于哈希姆家族或阿里家族。 无论如何,已被确定无疑的是,穆斯林向艾布·伯克尔、欧麦尔和奥斯曼宣誓效忠,阿里也向这三人宣誓效忠,尽管他们并非出自伯努·哈希姆。圣门弟子们并未反对向他们宣誓效忠,也从未有人传述说有人因为他们不是哈希姆人或阿里家族的人而反对向他们效忠。这被视为圣门弟子的公议(Ijmaa'),其中包括阿里、伊本·阿拔斯以及伯努·哈希姆全体家族成员,即哈里发可以出自哈希姆家族或阿里家族之外的人。至于那些表明阿里和真主使者家族更值得优先的圣训,它们并不表示哈里发之位只能与他们订立,而是表明他们在此事上更为适宜。
The Khaleefah does not also have to be Hashemi or ‘Alawi because the Messenger of Allah (pbuh) appointed people who were not from Banu Hashim nor from Banu ‘Ali to positions of authority. When He (pbuh) went out to Tabuk, He appointed Muhammad Ibnu Maslama as Wali over Madina and He was neither a Hashemi nor ‘Alawi. He (pbuh) also appointed Mu’az Ibnu Jabal and ‘Amru Ibn al-‘A‘as over Yemen, neither were of the Hashemi or ‘Alawi. In any case, it has been definitely proven that the Muslims gave the Bay’ah to Abu Bakr, ‘Umar and ‘Uthman, and that ‘Ali gave the Bay’ah to the three of them despite the fact that they were not from Banu Hashim. The Sahabah did not object giving the Bay’ah to them, and it was not reported that anyone had actually objected giving Bay’ah to them, because they were not Hashemites or ‘Alawis. This is considered a consensus of the Sahabah, (Ijmaa’) including ‘Ali and Ibnu Abbas and Banu Hashim’s entire household, that the Khaleefah could be from other than a Hashemi or an ‘Alawi. As for the Ahadith expressing a preference of ‘Ali and the Messenger of Allah’s household, these do not indicate that the Khilafah can’t be contracted except to them, they rather indicate that they are more favourable to it.
由上述内容可明确看出,并没有任何证据表明,除前面所列出的七项条件之外还存在其他契约性条件。若某一条件的文本已被证明为真实可靠,或该条件已经归入源自可靠文本的某一规定(Hukm)之下,则此类其他条件属于优先性条件,而非契约性条件。依照伊斯兰教法,所要求的是哈里发职位缔结于哈里发的契约性条件。除此之外,当候选人被提交给穆斯林时,穆斯林会得知相关情况,从而选出他们所偏爱的人。只要契约性条件得到满足,穆斯林所选择的任何人都将被任命为哈里发,而不论其他条件如何。
The above clearly indicates that there is no evidence whatsoever stating that there are other contractual conditions apart from the seven previously outlined. Any other condition constitutes a condition of preference and not a contractual one if the text expressing such a condition has been proven genuine or such a condition has come under a rule (Hukm) derived from a sound text. Under Shari’ah law, what is required is the contractual condition for the Khilafah to be contracted to the Khaleefah. Apart from this, the Muslims will be told about it when the candidates are presented to them, so that they can elect the one whom they prefer. Any man whom the Muslims choose would be appointed Khaleefah if the contractual conditions were fulfilled regardless of the other conditions.