13 多妻制
13 Polygyny
安拉(SWT)在祂的高贵经典中说:
Allah (swt) has said in his Noble Book:
“你们可以从女人中选择你们喜欢的,两个、三个或四个。但如果你们担心不能公平对待,那就只娶一个,或娶你们所拥有的女奴。这样更便于你们不偏离正道。”[《妇女章》:3] 这节经文是在伊斯兰历第八年降示给先知(愿主赐福并使他平安)的。降示此节经文的目的,是将一个人可娶的妻子数目限制为四个。在此经文降示之前,娶妻的数目并无限制。仔细阅读并理解经文,便可清楚看出它是为限定妻子人数为四个而降示的。经文的含义是:从你们中意且被允许的女子中,娶两个、三个或四个。经文用“两个、三个、四个”来表达,而不是重复列举。也就是说,在这些数目中,你们可以选择娶两个、三个或四个女子。这段话是对所有人说的,因此需要重复表述,使每一位想娶多位妻子的人都可以在被允许的范围内,自行选择他所希望的数目,但所娶的组合必须限制在这个数目之内。换言之,每位想娶一位以上妻子的人,都可以在被许可的数目中,娶他所愿意娶的人数。这就如同我们对一群人说:“把这些钱分发下去。”假设有一千第纳尔,我们会说:“按两个、三个或四个一组来分发第纳尔。”如果用单数形式表述,就毫无意义了。因此,“两个、三个、四个”这样的表述是必不可少的,使每个人都能在这个特定的数目中选择他想要的。所以,当安拉(愿祂受赞颂)说你们每个人都可以从女人中选择两个、三个或四个时,实际上的意思是:你们每个人都可以娶两个、三个或四个。至于祂(愿祂受赞颂)的话:
“Marry women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or your concubines. That is more fitting so that you do not deviate from the right course” [An- Nisa: 3] This verse was revealed to the Prophet (pbuh) in the 8th year of the Hijra. It was revealed to limit the number of wives one can marry to four. At the time of revelation of this verse there was no limit to the number of wives one could marry. On reading and understanding the verse it becomes clear that it was revealed to limit the number of wives to four. The meaning of the verse is: marry of the women, two, three or four who are permitted and agreeable to you. Twos, threes and fours are mentioned instead of repeated enumerations. i.e. marry the women of your choice from these mentioned numbers twos, threes and fours. The speech is addressed to everybody, therefore there has to be a repetition so that each suitor who wishes to marry a number of women can choose whatever He wants of number on condition that the combination He desires is restricted to this number. In other words, each suitor who wishes to marry more than one woman can marry as many as He likes from the number that is made optional for Him. Just as we would say to a group distribute this money. Let's say there was a thousand dinars for example.We would say; distribute dinars by twos, threes and fours. If you made your statement in the singular form then it would have no meaning. So the expression twos, threes and fours is inevitable so that each individual can choose what He wants from the specific number in the expression. So when Allah (swt) says each one of you can marry the woman of his choice two, three or four, this effectively means: marry all of you twos, threes or fours. i.e. each of you can marry two, three or four. As for the meaning of his (swt) saying:
“但如果你们恐怕不能公平对待(她们),那就只娶一个”[《妇女章》3]。这是说,如果你们担心不能公平对待这些妻子,那么就只选择一位妻子,立即放弃娶多于一位妻子的打算。问题的关键在于公正。凡是你认为合乎公正之处,就应当遵守。只娶一位妻子,更接近于不行不义。所谓“这样你们就不会偏离(正道)”,意思是这样更适宜,使你们不致行不义,因为这里的偏离就是不义。有人说,统治者偏离正道,就是他犯了不义。 阿伊莎(愿真主喜悦她)传述,先知ﷺ说:“以便你们不偏离(正道):以便你们不行不义。”这段经文允许娶多位妻子,并将人数限制在四位。然而,它命令在妻子之间主持公正;当担心会有不义时,则要求只娶一位妻子,因为在担心行不义时限定只娶一位妻子,更接近于避免不义,而避免不义是穆斯林应尽的义务。
“But if you fear that you shall not be able to deal justly (with them), then marry only one” [An- Nisa: 3] This means that if you fear that you shall not be able deal with these numbers of wives justly then you should simply choose one wife and relinquish the marriage to more than one wife immediately. The issue revolves around justice. Wherever you find it just, adhere to it. Marrying only one wife is closer to not doing injustice. So that you should not deviate (from the right course of action) means it is more fitting so that you do not do injustice, because the deviation here means injustice. It is said the ruler has deviated from the right course when He has committed injustice. 'Aisha (ra) narrated about the Prophet (pbuh) that He said: “So that you may not deviate (from the right course): so that you do not make injustice.” The Ayah permits the plurality of wives and limits it to four. However, it orders justice between them and enjoins the restriction to one wife when it is feared there would be injustice, because the restriction to one wife when there is fear of committing injustice is closer to avoiding injustice, a matter for which a Muslim is obliged.
应当知道,经文中提到的公正并不是娶多于一位妻子的条件。相反,它是对欲娶多位妻子之人的一项裁定:若娶多位妻子,他必须遵守;同时也是一种劝勉,即如果他担心无法公平对待众妻,就应当只娶一位。这是因为经文的意思在"你们可以娶你们喜欢的女子,两个、三个或四个"这句话中已经完整了。[4:3] 这表明娶多位妻子是绝对许可的,因此这句话的意义已经完备。 在另一处经文中,他(愿主赐福并保佑他)说:"但如果你们害怕不能公平"。"但如果你们害怕"这句话不能构成条件,因为它与前面的经文并非以条件从句的形式相连,而是另起一个新的论述。若真主想把它作为条件,就会说:"你们可以娶你们喜欢的女子,两个、三个或四个,如果你们能够公平对待她们。"但事实并非如此,所以可以确定,公正不是条件,而是另一条与前一条不同的沙里尔律例。因此,首先,真主允许了娶妻至四人的多妻制;然后,又颁布了另一条律例,即当一个人认为娶多位妻子会使他无法公平对待她们时,最好只限于一位妻子。
Indeed it should be known that the justice mentioned here is not a condition for marrying more than one wife. Rather it is a ruling for the man who wishes to marry a number of wives, that He must observe in the event of marrying more than one wife, and an exhortation to restrict Himself to one wife if He fears He will not be able to deal with them justly. This is because the meaning of the sentence is completed in the verse by his (pbuh) saying: “Marry women of your choice, twos or threes, or four”. [4:3] this means there is an absolute permissibility of marrying more than one wife. Thus, the meaning of the sentence is completed. In another statement, He (pbuh) said: “But if you fear”. The phrase “But if you fear” cannot result in being a condition because it is not linked with the first verse as a conditional clause. Rather it is a resumption of a new statement. If Allah had wished to make it a condition then He would have said: “Marry women of your choice, twos or threes, or fours if you can deal with them justly”, but that is not the case, so it is established that justice is not a condition, rather it is another Shar’a ruling different to the first rule. So firstly He permitted the plurality of marriages up to four, then He came with another ruling which is that it is better to restrict oneself to one wife when He believes that marriage to more than one wife will make Him incapable of dealing with them in a just manner.
由此可以清楚地看出,安拉(SWT)允许一夫多妻,没有任何限制、条件,也无需任何理由。相反,每位穆斯林都有权按自己的选择娶两位、三位或四位妻子。因此我们看到安拉(SWT)说:"你们所喜悦的妇女"[4:3],即你们认为合意的那些女子。很明显,安拉(SWT)命令我们在妻子之间公平对待,并劝诫我们:如果担心无法在妻子之间做到公正,就应将自己限制为只娶一位妻子,因为只娶一位妻子的限制使我们更不易犯下不公正的行为。
From the above it becomes clear that Allah (swt) has permitted polygyny without restriction, condition or any recourse to any justification. Rather, every Muslim is given the right to marry two, three or four wives of his choice. That is why we find Allah (swt) saying: “women of your choice” [4:3] i.e. those women whom you find agreeable to you. It is clear that Allah (swt) has ordered us to be just between our wives and exhorted us that if we fear we could not be able to do justice between our wives, we restrict ourselves to just one wife because the restriction of marrying one wife make us more likely not to commit injustice.
至于所要求的妻子之间的公正,它并非"绝对的公正"。相反,它是指丈夫在能力范围之内能够做到的妻子之间的婚姻公正,因为真主不会让人承担他无力承受的负担。祂(SWT)说:
As for what constitutes desired justice between wives, it is not 'absolute justice'. Rather it is the justice in marriage between wives which is within the ability of the man to undertake, because Allah does not impose on man that which He cannot bear. He (swt) said:
“安拉不会将超出人力范围的负担加于任何人。”[黄牛章:286] 诚然,经文中“公正”一词是以泛指的含义出现的,正如安拉(SWT)所说:
“Allah burdens not a person beyond his scope” [Al- Baqarah: 286] It is true that the phrase 'be just' has been mentioned in the verse with a general import, as He (swt) says:
“但如果你们担心不能公平对待(她们)”[《妇女章》3]这句经文涵盖了公正的各个方面,但这一普遍的命令在另一节经文中被限定为人力所能及的范围。因此,安拉(SWT)说:
“But if you fear that you shall not be able to deal justly (with them)” [An- Nisa: 3] This encompasses all aspects of justice, but this general order has been specified in another verse to what the human has the capability to do. Thus, Allah (swt) said:
“你们绝不能在妻子之间做到完全公平,即使你们极其渴望如此,所以不要完全偏向其中一位而使另一位如同悬置一般。”[《妇女章》:129] 真主(SWT)在这节经文中阐明,我们不可能在妻子之间实现完全的公正与平等,以致于任何偏向都不会发生,在为她们供给所应尽的义务上也不会有多一分或少一分的差别。因此,真主(SWT)免除了我们完全、彻底的公正要求,祂只要求我们承担力所能及的责任,条件是我们竭尽全力、倾注全部努力。因为强加给人做不到的事,无异于压迫:
“You will never be able to do perfect justice between wives even if it is your ardent desire, so do not incline completely to one of them so as to leave the other suspended” [An- Nisa: 129] Allah (swt) has clarified in the verse that it is impossible for us to realise justice and equality between wives, such that no inclination (towards one of them) would ever happen nor increase or decrease in what is obligatory upon us in providing for them. Due to this He (swt) has lifted from us the complete and full extent of justice and He (swt) has not imposed on us except that which one can bear on condition that we exert our utmost effort and energy. For the imposition of what one is not able to do is tantamount to oppression:
“并且你的主不会亏枉任何人。”(《洞穴章》:49)And He (SWT) says: Wait, I should translate fully: “并且你的主不会亏枉任何人。”[《洞穴章》:49] 祂(SWT)说:
“And your Lord treats no one with oppression” [Al-Kahf: 49] And He (swt) says:
“所以不要完全偏向其中一方”[《妇女章》129节],这句经文是对安拉(至高无上)所说的“你们绝不能完全公平地对待众妻”[《妇女章》129节]的注释,并作为其佐证,表明其含义是:你们在爱情方面绝不能公平平等地对待她们。正确的理解是,除爱情之外,在一切事务上做到公平是可能的。前一节经文所要求的正是这一点,因为它明确规定所要求的公平是爱情之外的事务,并将爱情和房事排除在公平之外,因为人在这两件事上不受强制要求,人无法在爱情上做到平等。这一含义也得到了圣妻阿伊莎(愿安拉喜悦她)的传述的支持,她说:“安拉的使者ﷺ过去在分配财物和对待众妻时都力求公正,并且常说:‘主啊,这是我在自己能力范围内的分配,所以不要因我无力掌控的事情而责怪我,’即指他的心。”伊本·阿拔斯(愿安拉喜悦他们二人)也对安拉所说的经文作了相关的转述:
“So do not incline completely to one of them” [An- Nisa: 129] as a comment on his (swt) saying: “You will never be able to do perfect justice” [An- Nisa: 129] and as a reference for it, is an evidence that its meaning is: you will never be able to deal with them justly and equally with regards to love. The correct understanding is that it is possible to be just in everything other than love. This is what the previous verse obliges, as it has specified the desired justice to be other than love, and made love and sexual intercourse excluded from justice, because it is not obliged in these two issues, since a human is not able to be equal in his love. This meaning is supported by what has been reported about 'Aisha (ra) that she said: “The Messenger of Allah used to distribute things and do justice to all and used to say, “Oh My God, this is my distribution of what is in my control, but do not blame me for what is in Your control and over which I have no control”. i.e. his heart. It has been narrated from Ibn 'Abbas (ra) concerning the saying of Allah (swt):
“你们绝不能在妻子之间做到完全公平”({你们绝不能在妻子之间做到完全公平,即使你们竭力希望},《妇女章》:129)。他说:“这是指爱情和房事而言。”真主(SWT)命令我们不要完全偏向某一位妻子。这意味着祂允许了倾向性,因为禁止完全偏向,表明了倾向本身是被允许的。对此的一个例子是对毫无节制、过度慷慨的禁止,正如祂(SWT)的话所说:
“You will never be able to do perfect justice between wives” [An- Nisa: 129]. He said “this is with regards to love and sexual intercourse.” Allah (swt) has ordered us to abstain from completely inclining towards one wife. This means He has permitted the inclination because the prohibition of the complete inclination indicates the permissibility of the inclination. An illustration of this is the prohibition of unrestrained and excessive generosity mentioned in his (swt) saying:
“Nor stretch your hand forth to its utmost reach” [Al- Isra: 29] Which means it is permitted to stretch your hand by giving to the needy. Therefore, Allah (swt) has permitted the husband to incline towards some of his wives to the exclusion of others. However, He has forbidden this inclination to include all matters. Rather, the inclination should be to whatever this inclination applies, which is the love and desire. So the meaning of the verse is: refrain from the absolute inclination towards a wife, because if the complete inclination occurs from you, it will leave the other wife suspended, i.e. one who is neither divorced nor possessing a husband. It has been narrated by Abu Hurayra (ra) that the Prophet (pbuh) said: “Whosoever has two wives and He inclines towards one to the exclusion of the other, He will come on the Day of Judgement with half his body dropping or bending down”. Translation: “不要把你的手完全伸开”[Al-Isra: 29] 这意味着,把手伸出去施舍给贫困者是被允许的。因此,安拉(SWT)允许丈夫偏爱某些妻子而不偏爱其他妻子。然而,祂禁止这种偏向涵盖所有事务。相反,偏向应当仅限于它所适用的范围,即爱和欲望。所以这节经文的意思是:要避免对某一位妻子的绝对偏向,因为如果你完全偏向她,就会使另一位妻子处于悬置状态,即既未被休弃,也没有丈夫。艾布·胡莱赖(ra)传述,先知ﷺ说:“谁有两位妻子,却偏向其中一位而冷落另一位,他在复活日到来时,身体会有一半倾斜或弯曲下垂。”
“Nor stretch your hand forth to its utmost reach” [Al- Isra: 29] Which means it is permitted to stretch your hand by giving to the needy. Therefore, Allah (swt) has permitted the husband to incline towards some of his wives to the exclusion of others. However, He has forbidden this inclination to include all matters. Rather, the inclination should be to whatever this inclination applies, which is the love and desire. So the meaning of the verse is: refrain from the absolute inclination towards a wife, because if the complete inclination occurs from you, it will leave the other wife suspended, i.e. one who is neither divorced nor possessing a husband. It has been narrated by Abu Hurayra (ra) that the Prophet (pbuh) said: “Whosoever has two wives and He inclines towards one to the exclusion of the other, He will come on the Day of Judgement with half his body dropping or bending down”.
因此,丈夫所应尽的公正,是在他能够掌控的事情上对妻子们一视同仁,例如过夜的安排、提供食物、衣物和住所等。至于属于偏爱范畴的事情,即爱情与欲望,则不要求在这些方面做到公正,因为那是不可能做到的,而且《古兰经》也已将其排除在外。
Thus, the justice which is obligatory upon a husband is the equality between his wives in that which He has control over such as staying overnight, providing food, clothing and lodging etc. As for what falls under the meaning of inclination, which is love and desire, It is not obligatory to be just in these things because that is impossible, and they are excluded by the Qur'an.
这是关于《沙里亚》经文中所提及的一夫多妻问题。通过研究这些经文,并将理解限定在其沙里亚含义和语言含义上,即它们所指示的内容以及由此推出的意义,可以清楚地看到,真主(SWT)总体上允许娶不止一位妻子(至多四位),没有任何限制或条件。关于此事的经文并未包含任何起因('Illa)。相反,真主(SWT)以一种表明拒绝任何理由的方式表达自己。于是祂(SWT)说:
This is the subject of polygyny as mentioned in the Shar’a texts. By studying these texts and limiting oneself to their Shar’a and linguistic meanings in terms of what they indicate and what is deduced from them, it becomes clear that Allah (swt) has in a general manner permitted the marriage to more than one wife (up to four) without restriction or condition. The text concerning this matter did not include any cause ('Illa). On the contrary, Allah (swt) has expressed Himself in a way which indicates the rejection of a justification. So He (swt) said:
“(娶)你们所喜欢的女人”。[妇女章:3]因此,我们必须止步于沙里亚文本的界限,以及由其推导出的伊斯兰教法规则。不允许以任何动因(伊莱,'Illa)来论证这一规则,也不允许以公正、需要或其他任何理由来论证,因为经文并未为该规则提供动因,任何其他沙里亚文本中也找不到这种动因(伊莱)。规则的动因应当是一个沙里亚理由,即必须有经文提及它,这样由此推导出的规则才能被正确地视为沙里亚规则。如果该理由是理性的,或未在任何经文中提及,那么借助它所推导出的规则就不是沙里亚规则。相反,它将是人定法,采纳它是哈拉姆(禁止的),也不允许实施。这是因为它将是一条库夫尔(不信)的规则,因为任何不是沙里亚的规则都是库夫尔规则。然而,由于“沙里亚判决”(Hukm Shar'i)的定义是“立法者的言语”,这就必然要求该规则源自立法者的言语,或明确见于经文,或源于其含义,或通过暗示,或因经文中存在指向沙里亚规则的标志(Amara)。每一条带有该标志的规则都将是神圣的规则。这一标志(Amara)即沙里亚理由(Illa Shar'iyya),它或明确、或通过暗示、推断或类比见于经文。如果这一标志,即这一伊莱,在经文中找不到,那它就毫无价值。因此可以清楚看出,不允许以理由来为一夫多妻制辩护,因为在立法者的言语中找不到任何伊莱。伊莱只有在见于立法者的言语中时,才具有使某规则成为沙里亚规则的价值。
“(Marry) women of your choice”. [An- Nisa: 3] Therefore, we must stop at the limit of the Shar’a text and at what is derived from it in terms of Shari’ah rule. It is not permitted to justify this rule with any cause ('Illa), or justify it with justice, need or anything else, because the text did not bring 'Illa for the rule nor can any reason (Illa) be found in any other Shar’a text. The cause (Illa) of the rule should be a Shar’a reason i.e. there must be a text to mention it so that the rule which is derived from it can correctly be considered a Shar’a rule. If the reason is rational or not mentioned in any text, then the rule which is derived by means of it will not be a Shar’a rule. Rather it will be a man-made law and it will be Haram to adopt, nor will it be permitted to apply it. This is because it will be a Kufr rule, since any rule which is not a Shar’a rule is a Kufr rule. However, since the definition of the Hukm Shar'i (Shari’ah rule) being 'the speech of the Legislator' makes it inevitable that the rule is derived from the speech of the Legislator, either explicitly mentioned in the text, or from its meaning, or by indication, or due to the presence of a sign (Amara) in the text which points to the Shar’a rule, such that every rule which has that sign (Amara) will be a divine rule. This sign (Amara) is the Shar’a reason (Illa Shar'iyya) which is mentioned in the text either explicitly or by indication, inference or analogy. If this sign (Amara) i.e. this Illah is not found in the text then it has no value. Consequently, it becomes clear that it is not allowed to justify polygyny with reason (Illa) since no Illa is found in the speech of the Legislator. An Illa has no value in making a rule into a Shar’a rule except when it is found in the speech of the Legislator.
然而,没有对某条沙里尔(Shar'a)法规给出"意因"(Illa)的解释,并不意味着就不允许解释这一法规在实际中将产生的效果,以及它所解决的问题的现实情况。相反,这是对一个现实的说明,而不是对某条法规的论证。解释现实与论证法规的区别在于:以意因来论证某条法规时,该意因必须持续存在于该法规之中,并且只要在其他事物中发现了这一意因,就可以将该法规类推到这些事物上。至于解释现实,则是在解释之时对现实状况的阐明。这一现实可能会消失,因此用它去与其他事物进行类比是不正确的。由此可见,从多妻制的效果来看,在允许多妻的社会中,不会出现大量的情妇;而在禁止多妻的社会中,则会出现大量的情妇。此外,多妻制还解决了人类社会作为人类社会所出现的许多其他问题,这些问题需要依靠多妻制来解决。以下是其中一些问题的例子:
However, the absence of an explanation of a Shar’a rule by an Illa does not mean it is not permitted to explain the reality of what will take place in terms of the effect of this Shar’a rule and the reality of what it solves in terms of problems. Rather this is an explanation of a reality and not justification for a rule. The difference between explaining the reality and justifying a rule, is that the justification of a rule by an Illa, is that the Illa should constantly exist in the rule, and analogy of other things to this rule is made whenever the 'Illa is found in them. As for explaining the reality this is the clarification of the reality at the point in time when it is explained. The reality may cease, so it is incorrect to make an analogy to it with other things. Hence, it becomes clear from the effect of polygyny of wives that in the community in which it is permitted there will not be a plurality of mistresses, and in communities which forbid the plurality of wives there will be a plurality of mistresses. In addition, polygyny solves many other problems, which take place in a human community in its capacity as a human community, which depends on polygyny to solve them. The following are some examples of these problems:
1. 有些男子天性特殊,无法满足于一位妻子。这样的男子要么会虐待或伤害他们唯一的妻子,要么在被堵死了娶第二、第三或第四位妻子的途径时,就会去看别的女人。这种情况有可能导致社会上淫秽与通奸的蔓延,并在家庭之中引发猜疑与疑虑。因此,具有这种天性的人,应当有机会以合法的方式满足其强烈的欲望,即以真主(SWT)所制定的方式。
1. There are some men with unusual dispositions, who are unable to satisfy themselves with one wife. Either such men will oppress or hurt their only wife or they will look at other women if they find the door shut in front of them to take a second, third or fourth wife. There is a danger of this happening in terms of the spread of indecency and fornication amongst people and the creation of suspicion and doubts within families. Therefore, it is essential that a person who possesses such a disposition should have the opportunity to satisfy his strong urge in a halal manner i.e. in a way that Allah (swt) has legislated.
2. 有可能妻子不能生育,因而无法生儿育女,但丈夫仍然深爱她,她也深爱丈夫,二人便决心继续维持幸福的婚姻生活。然而,丈夫可能渴望有后代,并且热爱孩子。如果在不允许他娶另一位妻子的情况下,他又找不到其他选择,他就只能在两者之间选择:要么与第一位妻子离婚,这将破坏家庭的稳定,结束幸福的婚姻;要么被剥夺享有子嗣的权利。这将压抑其生育本能中所包含的父爱。因此,对于这样的配偶,必须给予他在现有妻子之外再娶一位妻子的机会,以便他能够拥有他所渴望的子嗣。
2. It may be that a woman is barren and therefore cannot bear children but her husband still loves her dearly and vice versa, which makes them determined to continue with their happy married life. The husband may however desire offspring and have a love for children. If it is not permitted for Him to marry another wife and He finds no options available to Him He will have to either divorce his first wife, which would lead to the destruction of the stability of the household and the end of a happy marriage, or He is deprived from enjoying offspring. This will lead to the suppression of the aspect of fatherhood present in the procreation instinct. Therefore, it is essential that such a spouse is given the opportunity to marry another wife in addition to the existing wife so that He can have the offspring which He desires.
3. 妻子可能患有某种疾病,这使她无法履行夫妻之间的义务,也无法料理家务、照顾丈夫和子女。丈夫仍可能十分珍爱、深爱着她,并无意与她离婚;但他若仅与她一人共同生活,便无法正常地过日子,因此也就需要另一位妻子。在这种情况下,必须给予他娶多于一位妻子的机会。
3. The wife may be ill with a disease, which excuses her from having conjugal relations or looking after the house and seeing to the husband and children. She might still be cherished and dearly loved by her husband who might have no wish to divorce her, although He cannot live his life properly with just her alone, and consequently without another wife. It is imperative that in such a situation the opportunity is given to Him to marry more than one wife.
4. 战争和起义可能发生,导致数以千计、甚至数百万男子丧生,从而打破男女人数的平衡,正如实际发生过的那样,尤其是在欧洲的第一次和第二次世界大战中。如果一个男子不能娶一个以上的妻子,那么其余的女性该怎么办呢?她们将被剥夺家庭生活、家的幸福、已婚生活的安逸与舒适,更不用说繁衍本能可能导致的道德危险了。
4. Wars and uprisings might take place which claim the lives of thousands, even millions of men which may upset the balance between the numbers of men and women, as has happened actually, especially in Europe, in the First and Second World War. If a man is not able to marry more than one wife what are the rest of the women supposed to do? They will be deprived from family life and the happiness of a home and the ease and comfort of married life, not to mention what the procreation instinct can lead to in terms of the danger to morality.
5. 在某个民族、族群或地区中,男性与女性的人数可能并不相等,女性人数多于男性,从而打破了男女人数之间的平衡。在许多民族和国家中,情况几乎都是如此。在这种情况下,除了允许一夫多妻,别无其他解决办法。
5. It may be that in a nation, people or region the number of males and females is not equal. The number of females may be higher than males so the numerical balance between men and women is upset. And this is almost the case amongst many peoples and nations. In such a situation there is no solution to this problem except the permissibility of polygyny.
这些都是人类社会中各民族、各国家真实存在的问题。如果禁止多妻,这些问题依然存在,因为除了允许多妻,这些问题并没有其他解决办法。因此,应当允许多妻,以便解决人类所面临的这些问题。诚然,伊斯兰允许多妻,但并未强制要求多妻。多妻的许可是必然的,不过应当知道,上述情况以及类似情况在人类及人类社会中可能出现,它们确实是真实的问题,但它们并不是娶多于一位妻子的起因(Illa),也不是多妻许可的条件。相反,无论是否出现需要以多妻来解决的问题,男子都被允许娶第二位、第三位和第四位妻子。因为真主(SWT)说:
These are real problems faced in the human community among peoples and nations. If polygyny is outlawed then such problems remain, since there is no solution for these problems except through allowing polygyny. Hence, polygyny should be permitted so that these problems which humans face are dealt with. Indeed Islam has permitted polygyny but has not obliged it. The permissibility of polygyny is inevitable although it should be known that the situations outlined above and their like which may exist among humans and in human societies are real problems which occur but they are not an Illa (cause) for marrying more than one wife nor are they a condition for the permissibility of polygyny. Rather, the man is allowed to marry a second, third and fourth wife whether problems which require polygyny as a solution has arisen or not. Because Allah (swt) says:
“女人中你们喜欢的,娶两个、三个、四个”[妇女章:3],他(SWT)又说:“你们喜欢的”。他(SWT)将此作普遍规定,没有任何限制或条件。至于只娶一位妻子的限制,伊斯兰教法只在一种情况下优先推荐这样做,即担心无法公平对待众妻之时。除此之外,在任何经文中都没有明示优先只娶一位。尽管一夫多妻是《古兰经》明文载明的教法裁定,但资本主义文化和西方宣传,尤其是针对伊斯兰教而非其他宗教的宣传,却把娶多位妻子描绘成一种丑陋、令人厌恶的行为,并将其描述为伊斯兰教中的缺陷和耻辱之源。其动机并非因为发现了真主(SWT)法律中的缺陷,而是为了贬损伊斯兰教,除此之外别无其他动机。这种宣传对穆斯林影响很大,尤其是统治集团和受过教育的青年。这使那些被伊斯兰情感所感动、挺身为伊斯兰辩护的人,采用了错误的解释来禁止一夫多妻,因而他们实际上受到了伊斯兰敌人散布的虚假宣传的影响。因此,我们必须提醒穆斯林:善行(Hasan)即是教法认定为善的行为,恶行(Qabeeh)即是教法认定为恶的行为;教法允许的就是善(Hasan),教法禁止的就是恶(Qabeeh)。我们还必须提醒穆斯林:无论一夫多妻是否产生切实的良好效果,无论它是否能解决已经出现的问题,教法都已允许它,《古兰经》也已明确述及。因此,一夫多妻是善行,而禁止一夫多妻则是恶行,因为那是一种违背信仰(Kufr)的裁定。 必须说明的是,伊斯兰教并没有将一夫多妻规定为穆斯林的义务(Fard),也没有将其定为提倡的行为(Mandub)。它只是把一夫多妻列为许可之事,穆斯林可以依自己的意愿去做。伊斯兰教允许一夫多妻,意味着它为人们提供了一个解决办法,在需要时即可采用;同时也允许人们不必因此剥夺自己对所中意的女性的选择,倘若他们内心倾向于她们的话。因此,允许一夫多妻而不将其定为义务,正是它之所以成为社会与群体中最有效的解决方案之一的原因。
“Marry women of your choice, two or three, or four” [An- Nisa: 3] And He (swt) said: “of your choice”. He (swt) has made this general without restriction or condition. As for the restriction of marrying one wife, the Shari’ah has preferred this in only one situation, which is where there is a fear that one is not able to do justice between his wives. As for anything other than that, there is no expressed preference to marry only one in any of the texts. In spite of the fact that polygyny is a Shar’a ruling found in the clear text of the Qur'an, Capitalist culture and Western propaganda, particularly that against Islam as opposed to other religions, has portrayed marriage to more than one wife as a hideous and repugnant practice and depicted it as a deficiency and a source of shame in the Deen. The motive for this is not because a defect has been noticed in the laws of Allah (swt) but in order to disparage Islam, and there is no motive for it other than this. This propaganda has greatly affected Muslims, particularly the ruling faction and the educated youth. This drove those who were moved by Islamic emotions to stand for Islam. Such Muslims adopted false interpretations to forbid polygyny, thus they were actually influenced by the false propaganda circulated by the enemies of Islam. That is why we must warn the Muslims that pretty actions (Hasan) are what the Shar’a deems to be pretty (Hasan) and ugly actions (Qabeeh) are what the Shar’a deems to be ugly (Qabeeh), and whatever the Shar’a permits is pretty (Hasan) and whatever the Shar’a forbids is ugly (Qabeeh). Also we must warn the Muslims that polygyny, whether it has a tangible good effect or not, and whether it solves problems which have occurred or not, the Shari’ah has permitted it, and the Qur'an has stated that clearly. Therefore it is a pretty action and the prohibition of polygyny is ugly, because it is a Kufr rule. It must be made clear that Islam did not make polygyny Fard on the Muslims nor Mandub (preferred). Rather, it made it one of the permissible things, which is allowed for them to do if they wished to do so. The fact that Islam made it permissible means that it has placed before the people a solution that they can use whenever it is necessary to do so, and it has permitted them not to deprive themselves from the women of their choice if in their view they were to incline towards them. Thus, permitting polygyny and not making it obligatory is what makes it one of the most effective solutions for humans in the community and society.