9.6 沙斐仪学派(Madhab of Imam Shafi‟i)
9.6 Madhab of Imam Shafi‟i
穆罕默德·本·伊德里斯·沙斐仪(公元150–205年/公元767–820年)被认为是伊斯兰教法理论(Usul al-Fiqh)的奠基人。他出生于加沙(巴勒斯坦),两岁时,母亲带他前往麦加。沙斐仪伊玛目出身于古莱氏部落,他的世系与先知ﷺ在阿卜杜·马纳夫处相连。
Muhammad ibn Idris ash-Shafi‟i (150-205 AH / 767-820 C.E) is considered to be the architect of Usul al-Fiqh. He was born in Gaza (Palestine) and when he was two years old his mother took him to Makkah. Imam Shafi‟i is from the tribe of Quraysh and his lineage meets with the Prophet (saw) at Abdu Manaf.
在幼年时,他的母亲带他前往当地的古搭布(Kuttab)学习背诵《古兰经》,但因家境贫寒,无力负担学费,他不被允许进入课堂。他便常常待在能听到课堂声音的地方,聆听谢赫的讲解并将其记诵下来。每当老师离开,年幼的沙斐仪便去帮助学生背诵。老师得知此事后,允许年幼的沙斐仪进入课堂,但条件是他要帮助学生背诵。
At an early age his mother took him to the local Kuttab to memorize the Qur‟an, but since they were poor and could not afford the tuition, he was not allowed to attend the classes. He used to stay within an earshot of the class listening to the instructions of the Shaykh and memorising them. When the teacher would leave, young Shafi‟i would go to help the students with their memorisation. The teacher learned about this and allowed young Shafi‟i in the class with the condition that he would help the students with their memorisation.
大约在他七岁时,他已经背熟了《古兰经》,随后他们前往禁寺(Masjid Al-Haram),在那里他学习阿拉伯语。等他毕业时,他已经掌握了古典阿拉伯语的所有变体。他的言论被视为阿拉伯语的标准。完成阿拉伯语学习后,有人建议他学习圣训、教法和《古兰经》学科,于是他迁往麦地那。在那里,他在伊玛目马立克·本·艾奈斯门下学习,直到后者于伊历179年去世。伊玛目沙斐仪正是直接从伊玛目马立克那里学习了《穆宛塔》。随后他前往伊拉克,在阿布·哈尼法的学生穆罕默德·本·哈桑家中作客。伊玛目沙斐仪与穆罕默德·本·哈桑以及卡迪·阿布·尤素福进行辩论和研习。大约在伊历174年,他返回麦地那,拜访他的老师伊玛目马立克。伊玛目马立克去世后,伊玛目沙斐仪前往也门。在那里,他遇到了乌马尔·本·阿比·萨拉马,即奥扎仪的老师,而奥扎仪是伍苏勒·菲格赫(法理学原理)领域的一位大学者。
When he was about seven years old he had memorised the Qur‟an, and they went to Masjid Al-Haram where he studied the Arabic language. By the time he graduated, he had learned all the versions of the classical Arabic language. His statements are considered to be standards in the Arabic language. After completing his Arabic studies, a man advised him to study Hadith, Fiqh, and „Ulum-ul-Quran, and so he moved to Madinah. There he studied under Imam Malik ibn Anas prior to his death in 179 A.H. It was directly from Imam Malik that Imam Shafi‟i learned the Muwatta. He then travelled to Iraq, where he stayed as the guest of Muhammad bin Al-Hasan, the student of Abu Hanifah. Imam Shafi‟i would debate and study with both Muhammad bin al-Hasan and Qadi Abu Yusuf. He then returned to Madinah, around 174 A.H., to visit with his old teacher Imam Malik. After the death of Imam Malik, Imam Shafi‟i travelled to Yemen. There he met Umar bin Abi Salamah, teacher of al Awaza‟i, a great scholar in Usul al-Fiqh.
当他在那里时,哈里发哈伦·拉希德与阿里后裔(Ahl-ul-Bayt)之间发生了一些纠纷。伊玛目沙斐仪被指控站在阿里后裔一边反对哈里发,于是被逮捕并押往巴格达,送至哈里发的宫廷。在与哈里发进行辩论以澄清自己没有任何过错之后,哈里发邀请伊玛目沙斐仪为他提出建议。据记载,他对哈里发的建言是如此坚定而有力,以至于哈里发落泪了。
While there, some problems arose between the Khaleefah Haroon ar-Rashid and Ahl-ul- Bayt. Imam Shafi‟i was accused of siding with the Ahl-ul-Bayt against the Khaleefah, and was arrested and taken to Baghdad to the court of the Khaleefah. After a discussion with the Khaleefah to clear himself of any wrong doing, Imam Shafi‟i was invited by the Khaleefah to advise him. It is recorded that he was so firm and strong in his advice to the Khaleefah that the Khaleefah wept.
当他在巴格达时,于公元195年(伊历)遇见了圣训学者阿卜杜·拉赫曼·本·麦赫迪,后者请他撰写一部阐释理解教法方法论的著作。在这部著作中,伊玛目沙斐仪融合了麦地那的圣训学派与库法的拉伊学派。他之所以能够做到这一点,是因为他熟悉这两个学派。在麦地那,他师从伊玛目马立克;在库法,他结识了穆罕默德·本·哈桑(哈乃斐教法学派的追随者)。这部著作的成果被称为《里萨拉》(这一早期版本今天已不存在)。
While in Baghdad he met Abdur Rahman bin al Mahdi (Scholar of Hadith) in 195 A.H., who asked him to write a book explaining the methodology of understanding Fiqh. In this work, Imam Shafi‟i combined both the School of Hadith in Madinah and School of Ra‟ee in Kufah. He was able to do this because he was aquainted with both schools. In Madinah he studied under Imam Malik and in Kufah he met Muhammad bin al-Hasan (follower of Hanafi school of Fiqh). The outcome of this book was called Ar-Risala (This old version does not exist today).
伊玛目沙斐仪随后决定迁往埃及。在埃及期间,伊玛目沙斐仪重新撰写了他的著作《天启书》(Ar-Risala)。在新的《天启书》中,他确立了伍苏勒·菲格赫(教法原理)的新原则。因此,他方法论的转变也改变了他的教法裁决,因为教法裁决的依据模式如下:
Imam Shafi‟i then decided to move to Egypt. While in Egypt Imam Shafi‟i rewrote his book Ar-Risala. In the new Risala, he established new principles in Usul al-Fiqh. Thus, his changing to a new methodology changed his Fatwas because the pattern for giving Fatwas is as follows:
usul ul Fiqh 应为 “Usul ul Fiqh”,保留原样。 Usul ul Fiqh -> Fiqh -> Fatwa
Usul ul Fiqh -> Fiqh -> Fatwa.
有人认为,伊玛目沙斐仪因埃及的新情况或新环境而改变了他的教法(Fiqh)。我们必须明白,伊玛目沙斐仪重写他的著作,并非为了重写而重写,也不是因为他迁移了居所。《Ar-Risala》之所以被重新撰写,实际上只有两种可能。其一,伊玛目沙斐仪心中预先定下了要得出某个特定结论,为了得出该结论,他就必须改变那些预定结论所依据的基础;其二,伊玛目沙斐仪发现他先前所用的基础是错误的,因此有必要重做或修订他推导教法的基础。
Some think that Imam Shafi‟i changed his Fiqh due to the new circumstances or environment in Egypt. We must understand that Imam Shafi‟i did not rewrite his book for the sake of it, or because he changed his location. There are really only two possibilities for the re-writing of Ar-Risala. Imam Shafi‟i had put in his mind that he wanted to reach a specific conclusion and in order to do so he would have to change the basis for those predetermined conclusions, or Imam Shafi‟i found that the old basis he had used was wrong, and so it was necessary to redo or to revise his basis for deriving his Fiqh.
如果伊斯兰教法原理(Usul al-Fiqh)发生了变化,显然就会产生不同的裁决,而不是反过来。因为穆智台希德(Mujtahid)在决定从哪些依据推导裁决之前,是不允许先去考虑某项裁决的。因此,由于伊斯兰教法原理发生了改变,便出现了不同的教法裁定(Fatwa)。他改变的原因是认为自己先前所依据的伊斯兰教法原理有误。这一改变并非由时间或地点所致。因此,他的教派(Madhab)之所以彻底改变,正是因为他的伊斯兰教法原理发生了改变。这一非常重要的要点,如果没有被正确理解,可能会造成误导。
If there is a change in Usul al-Fiqh there will obviously be a different ruling and not vice-versa, because a Mujtahid is not allowed to think of a ruling before deciding on which sources to extract the rulings from. Therefore, as a result of changing the Usul al-Fiqh there were different Fatwas. The reason for the change was that he thought that his earlier Usul al-Fiqh was wrong. This change was not due to time or place. Therefore, his Madhab had changed completely because his Usul al-Fiqh had changed. This very important point, if it is not understood correctly could prove to be misleading.
伊玛目沙斐仪从未在"伊勒姆·凯拉姆"(教义学)中进行辩论。关于此事,他曾说:"在教法学中辩论,至少会让人们嘲笑你,比如说杀人的命价(迪亚)是一个鸡蛋。在教义学中辩论,人们会说你偏离正道、制造异端(比达)。所以,你去辩论教法学吧,而抛开教义学。"
Imam Shafi‟i never debated in „Ilm-ul-Kalaam. Regarding it he used to say; “Debating in Fiqh, at the very least would lead the people to make fun of you, for example, saying the Diyah for murder is an egg. Debating in „Ilm ul Kalaam, they would say that you are deviating and making a Bid‟ah. So go and debate in Fiqh, and leave „Ilm ul Kalaam.”
9.6.1 沙斐仪学派(Imam Shafi‟i 学派)的书籍与学生
9.6.1 Books and Students from Imam Shafi‟i „s Madhab
伊玛目沙斐仪的著作包括:
Imam Shafi‟i‟s books include:
《Ar-Risalah》
Ar-Risalah.
《阿姆》
Al-Umm.
Jimaa ul-Ilm. Wait, I should translate faithfully: "Jimaa ul-Ilm" is a transliterated Arabic phrase meaning "Jima' al-'Ilm" (the consensus of scholars). Chinese translation keeping transliteration: Jimaa ul-Ilm(学者共识 Jimaa ul-Ilm) Hmm, that adds content not in the original. Faithful translation: Jimaa ul-Ilm(学术共识)
Jimaa ul-Ilm.
Ibtaal ul-Istihsan. → 废除伊斯提哈桑(Istihsan)的论证 Note: "Istihsan" is kept in transliteration, as is common in Chinese Islamic texts.
Ibtaal ul-Istihsan.
《穆斯纳德·沙菲仪》(Musnad Ash-Shafi‟i)
Musnad Ash-Shafi‟i‟.
《古兰经律例》
Ahkaam-ul-Qur‟an.
those who are considered to be from his Madhab included: Translation: 被视为属于他的学派(madhhab)的人包括:
Those who are considered to be from his Madhab included:
Jalaluddin as-Suyuti. Note: the name is transliterated as in the original; no Chinese rendering is used.
Jalaluddin as-Suyuti.
An-Nawawi → 安-纳瓦维
An-Nawawi.
伊本·凯西尔。
Ibn Kathir.
伊本·哈哲尔·阿斯卡拉尼
Ibn Hajar al-Asqalani.
Al-Muzni. Al-Muzni is a transliterated name, so it stays as written. In Chinese (Simplified), the translation is: 穆扎尼。
Al-Muzni.
阿尔-加扎利。
Al-Ghazali.
阿勒-哈蒂卜·阿勒-巴格达迪。
Al-Khatib al-Baghdadi.