第19章 诅咒(Al-Li’aan)
19 The Imprecation (Al-Li’aan)
"Li'aan"(誓言诅咒)一词源自"La'n"(诅咒),因为夫妻双方中的每一方在第五次发誓时,若自己说谎,便诅咒自己。其来源是真主(SWT)的经文:
Li'aan (oath of condemnation) is derived from Li'aan (curse) because each one of the spouses curses himself/herself (in the fifth time) if he/she is lying. The origin of it is in his (swt)'s saying:
“至于那些指控自己妻子、又除了自己没有其他证人的人,则由其中一人作证,以安拉起誓四次,证明他是说实话的人。第五次作证则是诅咒自己,若他是撒谎的人,愿安拉的诅咒降临于他。但如果她以安拉起誓四次,证明他是撒谎的人,便可免去她的刑罚(石刑处死)。第五次作证则是愿安拉的愤怒降临于她,若他是说实话的人。”[《光明章》:6-9] 艾布·达五德以其传述链,转述伊本·阿拔斯(愿安拉喜悦之)的话:“希拉勒·本·乌麦耶是安拉接纳其忏悔的三人之一。一天夜里,他从自己的田地回家,发现一名男子与他的妻子在一起。他亲眼所见,亲耳所闻,但没有动,直到早晨。第二天早上,他前往安拉的使者那里,说:‘安拉的使者啊!(愿主福安之)我夜里回到妻子身边,发现一个男人和她在一起。我亲眼看见,亲耳听见。’安拉的先知(愿主福安之)不喜欢他所描述的事情,并十分重视此事。随即降下了以下的古兰经经文:‘至于那些指控自己妻子、又除了自己没有其他证人的人,则由其中一人作证……’此后,安拉的使者(愿主福安之)松了一口气,说:‘希拉勒,恭喜你,安拉至高无上,已为你开辟了一条出路。’希拉勒说:‘我期望从我的主那里得到这个。’安拉的使者(愿主福安之)说:‘把她叫来。’她便来了。安拉的使者(愿主福安之)为他们诵读经文,告诉他们后世的刑罚比今世的更为严厉。希拉勒说:‘我指安拉起誓,我所说的关于她的话是真实的。’她说:‘他在撒谎。’安拉的使者(愿主福安之)说:‘你们二人之间进行互相诅咒的程序。’” 希拉勒被告知:"你们要作证。"于是他在真主面前四次作证,说自己所言为实。当他准备说第五次时,人们告诉他:"希拉勒,你当敬畏真主,因为今世的刑罚比后世的刑罚轻易得多;这次的誓言是决定性的,必将使你受到惩罚。"他说:"我指真主起誓,真主不会因此事惩罚我,正如他没有因此事使我受鞭刑一样。"于是他第五次作证,并以真主的诅咒来诅咒自己,如果他是说谎者之一。随后,她被告知:"你也作证。"于是她在真主面前作证,说他是说谎者。当她准备第五次作证时,人们告诉她:"你当敬畏真主,因为今世的刑罚比后世的刑罚轻易得多,这次的誓言是决定性的,必将使你受到惩罚。"她迟疑了片刻,然后说:"我指真主起誓,我不会使我的族人蒙羞。"于是她第五次作证,并以真主的诅咒来诅咒自己,如果他说的是实话。使者(愿主赐福他并使他平安)将他们两人分开,并裁定:丈夫不得再让她居住,也不须供养她。 因此,如果一个男人指控他的妻子,对她说:"你犯了通奸",或"你是个淫乱的女人",或"我看见你犯了通奸",而他又拿不出证据,那么,如果双方不互相发出诅咒,他就要受诽谤的刑罚。如果他对她发出诅咒,而她不对他做同样的事,那么刑罚就要落在她身上,这是出于真主(至高无上)的话语:
“And for those who accuse their wives but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allah that He is one of those who speak the truth. And the fifth testimony should be the invoking of the Curse of Allah on Himself if He is of those who tell a lie against her. But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allah, that He (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allah be upon her if He (her husband) speaks the truth” [An- Nur: 6-9] Abu Dawood reports through his isnad (line of transmitters) on the authority of Ibn Abbas (ra) who said: “Hilal ibn Umayyah was one of three people whose repentance was accepted by Allah. One night He returned home from his land and found a man with his wife. He witnessed with his eyes and heard with his ears. He did not stir Him till the morning. Next day He went to the Messenger of Allah in the morning, and said: “’O Messenger of Allah! (pbuh) I came to my wife at night and found a man with her. I saw with my own eyes and heard with my own ears’. The Prophet of Allah (pbuh) disliked what He described and He took it seriously. There upon the following Qur’anic verse came down: “And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them...” Then the Messenger of Allah (pbuh) was relieved and said: ‘Glad tidings for you, Hilal. Allah, the Exalted, has made an easy way out for you’. Hilal said: ‘I expected that from my Lord’. The Messenger of Allah (pbuh) said: ‘Send for her’. She then came. The Messenger of Allah (pbuh) recited (the verses) to them that the punishment in the next world was more severe than that in this world. Hilal said:’I swear by Allah, I spoke the truth against her’. She said: ‘He told a lie’. The Messenger of Allah (pbuh) said: ‘Apply the method of invoking curses between them’. Hilal was told: ‘Bear witness’. So He bore witness before Allah four times that He spoke the truth.When He was about to utter a fifth time, He was told:’Hilal, fear Allah, for the punishment in this world is easier than that in the next world; and this is the deciding one that will surely cause punishment to you.’ He said: ‘I swear by Allah. Allah will not punish me for this act, as He did not cause me to be flogged for this act’. So He bore witness a fifth time invoking the curse of Allah on Him if He was one of those who told lies. Then she was told: ‘Testify’. So she gave testimony before Allah that He was a liar. When she was going to testify a fifth time, she was told: ‘Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you’. She hesitated for a moment, and then said: ‘By Allah, I shall not disgrace my people’. So she testified a fifth time invoking the curse of Allah on her if He spoke the truth. The Messenger of Allah (pbuh) separated them from each other and decided that there would be no dwelling or maintenance for her from the husband.” So if a man accused his wife and said to her: “you have committed fornication or you are a fornicator or I have seen you commit fornication”, and He did not bring proof, then the punishment for defamation will be imposed on Him if they do not invoke curse upon each other. If He invoked curses upon her and she does not do the same to Him, then the punishment will be imposed on her due to the saying of Allah (swt):
“但她若指着安拉,作四次证言,就可以免除她的刑罚。”[《光明章》:8] 将从她身上免除的刑罚,是安拉(SWT)那句话中所提到的刑罚:
“But it shall avert the punishment from her, if she bears witness four times by Allah” [An- Nur: 8] The punishment that will be averted from her is the punishment that is mentioned in his (swt)’s saying:
“并让一群信士见证他们的刑罚”[《光明章》:2]。因为希拉勒·本·欧麦雅指控他的妻子通奸,并来到先知(愿主福安之)面前,先知让人把她叫来,让他们互相诅咒。这是通奸得以证实的特定情形之一,即丈夫指控妻子通奸,并以对她的互相诅咒来证明,而妻子不肯诅咒。如果她也诅咒了他,那么通奸就不成立。她拒绝诅咒,即证明了通奸,并且由于丈夫的“里尔安”(互相诅咒),她应当受到刑罚。
“And let a party of the believers witness their punishment” [An- Nur: 2] Because when Hilal b. Umayya accused his wife of fornication and came to the Prophet (pbuh) He told Him to send for her and He made them invoke curses upon each other. This is one of the specific cases in which fornication is proven, i.e. the case in which the husband accuses his wife of fornication and proves it by invoking curses upon her and she does not. If she invoked curses upon Him then it is not proven. Her refusal to invoke curses proves fornication and obliges the imposition of the punishment on her due to his Li’aan.
如果二人都相互咒骂,法官将判其分离(解除婚姻),他们此后永远不得再次结为夫妻。她对他永远是被禁止的,因为先知(愿主赐福并问候他)使这对互相咒骂的夫妻分开。马立克传自纳菲阿,纳菲阿传自伊本·欧麦尔:在安拉的使者时代,有一名男子指控其妻子并与她进行互相诅咒(Li'aan),并否认其孩子,于是安拉的使者使他们分开,并将孩子判给了那名女子。萨赫勒·本·萨阿德传述:关于互相诅咒的双方,所延续下来的圣行是,他们应当分开,并且永远不再重新结合。 这种因互相诅咒(Li'aan)而导致的分离,构成婚姻契约的废除(Faskh),因为这种分离要求永远禁止婚姻。即使他声称自己撒了谎,也不允许他再娶她。然而,如果他回来承认自己撒谎,那么她有权要求对他施行惩罚。无论他是在互相诅咒之前还是之后承认撒谎,孩子的血统仍归属于他。
If they both invoked curses upon each other the judge will separate them (terminate the marriage) and they can never marry each other again. She is forbidden for Him forever because the Prophet (pbuh) separated the two cursing parties. Malik reports from Nafi from Ibn Umar that a man accused and made Li'aan to his wife in the time of the Messenger of Allah and rejected her child so the Messenger separated them and granted the child to the woman. Sahl b. Sad reported that the Sunnah which continued with respect to the two cursing parties is that they are separated and shall never come back together again. This separation by imprecation (Li’aan) constitutes an annulment (Faskh) of the marriage contract because this type of separation requires prohibition of marriage forever. It is not allowed for Him even if He declares Himself to have lied. However if He returns and admits to lying then she has the right for the punishment to be imposed on Him. And the child’s paternity will be ascribed to Him whether He admitted lying before or after the imprecation.
对妻子的诅咒(Li'aan)是这样的:丈夫若因妻子通奸而指控她,并拒绝发誓诅咒,她就要受到惩罚。丈夫应在法官面前说:“我以安拉作证,她犯了通奸罪。”并指向她。如果她不在场,他就说出她的名字和家世,直到重复四次,第五次时停下。有人会对他说:“敬畏安拉,这一次是决定性的,因为今世的刑罚比后世的刑罚轻。”如果他拒绝停止,就应在第五次说:“如果他是在指控她通奸一事上说谎的人,那么安拉的诅咒就降临在他身上。” 妻子则应说:“我以安拉作证,他在说谎。”重复四次,第五次停下。她也会像丈夫一样被告知要敬畏安拉。如果她拒绝停止,就应在第五次说:“如果他说的是实话,那么安拉的愤怒就降临在我身上。”指控她通奸的事即是如此。 如果他们有孩子,孩子也会在Li'aan中被提及。当他说:“我以安拉作证她犯了通奸罪”时,他应说:“这个孩子不是我的。”而她应说:“我以安拉发誓,他在说谎,这个孩子是他的。”
The imprecation which absolves the husband from the punishment and obliges it to be imposed on the wife if she refuses to invoke curses, is that the husband should say in the presence of the judge; ‘I bear witness by Allah that she has committed fornication’ and He points to her. If she is not present He mentions her name and lineage until He repeats it four times and then at the fifth time He stops. It will be said to Him fear Allah this is the deciding one, for the punishment in this world is easier than that in the next world. If He refuses to stop He should say; (in the fifth) ‘The curse of Allah is on Him if He was one of those who told lies in regards to his accusation that she committed fornication’. And she should say: ‘I bear witness that He has lied’ (four times) and stops at the fifth. She will be told to fear Allah as the man was told. If she refuses to stop she should say (in the fifth): ‘Allah’s wrath be on her if He was telling the truth’ with respect to accusing her of fornication. If they have a child then the child is mentioned in the Li’aan. When He said: ‘I bear witness she has committed fornication’ He should say: ‘and this child is not mine’. And she should say: ‘By Allah He has lied, and this child is his’.
这就是互相诅咒(Li'aan)的方法,以及它的用语和句子。因此,如果妇女生下孩子,而丈夫说这孩子不是我的,或者这不是我的孩子,丈夫不受处罚,因为这不构成诽谤(Qadhf)。然而,他将被问及:如果他的意思是她犯了通奸,并且她是因通奸而生下孩子,那么这就是诽谤(Qadhf),并且可以通过诅咒来证明。如果他说"我的意思是这孩子在external样貌上不像我",或者"我怀疑她与人发生过性关系,这孩子是那个发生过关系的人的",或类似的说法,那么在这种情况下丈夫不受处罚,孩子的血统仍归属于他,因为他并没有诽谤(Qadhf)她。在这类情况下不存在诅咒,因为诅咒的条件之一就是诽谤(Qadhf)。
This is the method of mutual imprecation (Li'aan) and these are its words and sentences. That is why if the woman gives birth to a child and He says this child is not from me or this is not my child, there is no punishment on Him because this is not defamation (Qadhf). However He will be asked: If He meant she has committed adultery and she gave birth from Zina, this is defamation (Qadhf) and it is proven through imprecation. If He said “I meant that He does not physically resemble me or I doubt she had intercourse and the boy is from the one who had intercourse” or things similar to that. In such case there will be no punishment on Him, and the child’s lineage will be ascribed to Him because He has not defamed (Qadhf) her. There is no imprecation in such situations because one of the conditions of imprecation is defamation (Qadhf).