12.1 废止(Naskh)的条件
12.1 Conditions For Naskh
要使naskh(废止)成立,必须满足以下三个条件:
For naskh to have taken place, the following three conditions must have been fulfilled:
1. 被取代的律例必须是天启的律例。这意味着对饮酒的逐步禁止不应被归类为“废止”(naskh),因为每一节后续经文只是扩大了前一节经文的禁止范围。人们原本的行为是把饮酒当作合法的来对待。逐渐被废除的,是他们认为饮酒可以接受的假设,而非安拉此前曾宣称饮酒合法的任何表述;关于此事的三节经文所做的,正是这一点。
1. The law which has been replaced has to have been a divine law. This means that the gradual prohibition of alcohol would not be classified as naskh, because each successive verse only expanded the prohibitive scope of the previous verse. The original behavior of the people was to act as if alcohol was lawful. It was their assumption that alcohol was permissible that was gradually abolished by the three verses on this subject, not any previous statement by Allaah that liquor was permissible.
2. 用来取代旧律法的证据,必须是在旧律法颁布之后才降示的天命。
2. The proof used to replace the old law has to be a divine command which was revealed after the revelation of the old law.
3. 被废止的律例,不能在其降示之时就附带一个明确的期限。如果某项律例有限定的时间段,那么该时间段结束时它就自然失效,这种情况不被视为废止(naskh)。例如,斋戒在斋月期间每日须持续到日落为止。
3. The law which is to be replaced cannot have a specific time limit attached to it from the time of its revelation. If it has a limited time period, it simply becomes void when the time period ends, and such a process is not considered as naskh. For instance, fasting is required daily until sunset during Ramadaan.
允许在斋月期间夜间进食,或斋月结束之后,白天或夜间进食,并不涉及废止(naskh)。20
The permission to eat at night during Ramadaan or, after it is over, by day or night, doesn’t involve naskh. 20
需要指出的是,naskh(废止)只适用于真主的命令与禁令。废止不能适用于陈述事实的言语,因为这类陈述要么为真,要么为假;若说先前的记载已被废止,实际上就意味着它要么是故意的谎言,要么是错误,而这两者都不可归于真主。因此,对真主属性的描述、先知及其民众的故事、比喻以及对后世的描述,都不属于废止的范畴。同样,真主的许诺与警告也被排除在外,因为真主不违背诺言。如果真主在前面的经文中许诺信士进入乐园的花园,在后面的经文中又许诺他们能够得见真主的喜悦,这也不能称为废止;花园的许诺并未被得见真主的许诺所取代,而是两者都将实现。 还需要指出,崇拜和道德行为的根本原则历经各个时代并未改变。拜功、斋戒、天课和朝觐,无论由哪位先知传达讯息,都是真主宗教中始终不变的功修;谎言、杀人、通奸、欺诈等行为,也都被所有先知所谴责。因此,废止所作用的领域,是宗教功修的具体形式或社会法律的细节,而不是根本原则。
It should be noted that naskh only occurs to divine commands and prohibitions. Naskh cannot occur to statements of fact, because such statements are either true or false, so to say that a previous report has been abrogated really means it was either a deliberate lie or an error, both of which may not be attributed to Allaah.21 Therefore, descriptions of Allaah’s attributes, the stories of the previous prophets and their peoples, parables and descriptions of the hereafter are all excluded from the category of naskh. Likewise, the divine promises and warnings are excluded, because Allaah doesn’t break His promises. Nor could one call it naskh if Allaah promises the believers gardens in paradise in an early verse and in a later verse promises them the pleasure of seeing Him. The promise of gardens has not been replaced by the promise of seeing Allaah; rather, both will happen. 22 It should also be noted that the underlying principles of worship and moral behavior have not changed through the ages. Salaah, fasting, charity and pilgrim-age have been constant practices of Allaah’s religion—no matter which prophet was delivering the message—and lying, murder, adultery, cheating, etc. have been condemned by all the prophets. Therefore, the area in which naskh operates is in details of the format of a religious practice or a social law, not in the core principles.
20 这些条件几乎可以在任何一本《usool al-fiqh》(法理学/教法原理)著作中找到。例如,可参见《Sharh al-Kawkab al-Muneer》第3卷,第526-527页。
20 These conditions can be found in virtually any book of usool al-fiqh. See, for example, Sharh al-Kawkab al-Muneer, vol. 3, pp. 526-7.
21 需要注意的是,《古兰经》中的命令有时会以陈述句的形式出现。参见 2:125、2:228、2:233、3:97。
21 One should note, however, that sometimes orders occur in the Qur’aan in the format of a statement. Cf. 2:125, 2:228, 2:233, 3:97.
参见《Sharh al-Kawkab al-Muneer》,第3卷,第543页。
22 See Sharh al-Kawkab al-Muneer, vol. 3, pp. 543.