24 首饰(Al-Huliyy)
24 Jewellery (Al-Huliyy)
首饰是指女性用来装饰和美化自己的物品,可以是金或银制成的,戴在手腕、颈部、耳朵或身体的其他部位。
Jewellery is that of which a woman adorns and beautifies herself with, of gold or silver, on her wrists, neck, ears or other parts of her body.
没有天课须缴于首饰,无论是金的、银的,还是其他宝石,如珍珠、红宝石、橄榄石(贵橄榄石)、红玉髓(‘Aqiq)以及其他宝石,无论首饰数量多少,也无论是否达到或超过尼萨布。所有这些都没有天课,因为它是为使用而拥有的,女性佩戴它是为了装饰和美观,而非为了囤积和经营。如果首饰是为了囤积或经营,那么就须缴纳天课。 拉ith·本·萨阿德(Al-Laith b. S'ad)转述自阿布·祖拜尔(Abu Zubayr),阿布·祖拜尔转述自贾比尔,贾比尔转述自先知ﷺ,他说:"首饰没有天课。" 阿穆尔·本·迪纳尔(Amru b. Dinar)说:"有人问贾比尔·本·阿卜杜拉:'首饰有天课吗?'他说:'没有。'有人说:'即使达到一万吗?'他说:'是的。'" 纳菲阿(Nafi'a)转述自伊本·欧麦尔:"他把自己所有的女儿都以一万出嫁,其中四千用于购买首饰。他说:'他没有为此缴纳天课。'" 阿卜杜勒·拉赫曼·本·卡西姆(Abdur Rahman b. al-Qasim)转述自他的父亲:"先知ﷺ的妻子阿伊莎,在她的家中照顾她兄弟的孤女。她们有首饰,她没有为她们的首饰缴纳天课。" 至于那些主张首饰应缴天课的人所引用作为证据的圣训,圣训中关于金银应缴天课的用语,如"Riqqa"、盎司、银子和金第纳尔,并不包括首饰。这是因为这些词在阿拉伯语中指的是刻有印记、在人们之间流通的金银迪拉姆和第纳尔;这是作为物品价格、服务和利益报酬的货币,与首饰不同。如果圣训的措辞是"银子达到某数额,则应缴纳相应的数量",那么首饰就会被"银子"一词涵盖。然而,圣训使用的是"Riqqa"、盎司、银子和金第纳尔这些词,它们都指铸造和压印的金银货币,因此首饰不在其内。 这些圣训说明了那段普遍的圣训:“凡拥有金银而不缴纳应尽天课者,在审判日必将被以金属板击打。”
There is no Zakat upon jewellery, whether gold, silver or other types of gems like pearls, rubies, chrysolites/peridots, carnelians (‘Aqiq) and other types of precious stones, whether the jewellery is of a small or large quantity or has reached the Nisab or exceeded it. There is no Zakat on all this for it is owned for use and women take it for adornment and beauty, and not for hoarding and trade. If the jewellery is for hoarding or trading, then there is Zakat on it. Al-Laith b. S’ad narrated from Abu Zubayr from Jabir from the Prophet (saw) who said: “There is no Zakat upon jewellery.” Amru b. Dinar said: “Jabir b. Abdullah was asked: ‘Is there Zakat upon jewellery?’ He said: ‘No’. It was said: ‘Even if they reach 10,000?’ He said: ‘Yes.’” Nafi’a narrated from ibn ‘Umar “that he used to marry off all his daughters for 10,000 and made 4,000 of that as jewellery. He said: ‘He did not give Zakat upon that.’” Abdur Rahman b. al-Qasim narrated from his father “that Aisha, the Prophet (saw) ’s wife, used to look after the orphan daughters of her brother in her house. They had jewellery and she did not give Zakat of their jewellery.” As for the Ahadith which are used as evidences by those who oblige Zakat upon jewellery, the terms Riqqa, ounces, silver and golden Dinars which came in the Ahadith obliging Zakat on gold and silver do not include jewellery. This is because these words are used in the Arabic language for Dirhams and Dinars of gold and silver that are engraved and circulated among the people; this is the currency which is taken as prices for things and payments for services and benefits unlike jewellery. If the wording of the Ahadith used the expression “if silver reaches such amount then it is due in it is so much”, then jewellery would have been covered by the word silver. However, the Ahadith used the words Riqqa, ounces, silver and golden Dinars, all of which are used for minted and coined gold and silver currency, so jewellery is not included. These Ahadith specify the general Hadith, “No owner of gold and silver will fail to render its due Zakat except that he will be struck with metal sheets on the Day of Judgement.”.
至于阿慕尔·本·舒艾卜的圣训,其中提到:"一位妇人带着她的孩子来到先知(愿主福安之)面前,她手中戴着两只金手镯。先知说:'你是否为这些缴纳天课?'她说:'没有。'先知说:'你愿意真主(SWT)把它们变成火之手镯吗?'" 艾卜·欧拜德论及这段圣训时说:"我们只知道它是通过一条曾在过去和现在都受到批评的传述链,以一种方式传述的。如果事情如所传述的那样,且它确实来自先知(愿主福安之),那么它很可能指的是天课,即借予之物('Ariyya),正如我们提到的几位学者所解释的那样:赛义德·本·穆萨耶布、沙比、哈桑和盖塔德,他们说:'它的天课就是它的借予。'如果首饰的天课像白银的天课那样是义务的,那它就会与其他普遍而广为人知的天课一样,通过先知(愿主福安之)的书信和圣行在世间流传。提尔米兹说:'本章中没有可靠的内容。'"
As for the Hadith of Amru b. Shuaib which mentions: “A woman came to the Prophet (saw) along with her child with two gold bracelets in her hand. He said: ‘Do you give the Zakat upon these?’ She said: ‘No.’ He said: ‘Would you like that Allah (swt) makes them into bracelets of Fire?’” Abu Ubaid said of this Hadith: “We only know of it having been narrated in one way through a chain of narrators which people have criticised in the past and present. If the matter is like what is narrated, and it is reported from the Prophet (saw) , then it is likely to mean of the Zakat, the loan ‘Ariyya, as was interpreted by the scholars of whom we mention: Said b. al-Musayyib, Ash- Sh’abi, Al-Hassan and Qatada in their statement: “Its Zakat is its loan.” If Zakat on jewellery was obligatory like that on the Riqqa, it would have been like the rest of the Sadaqat that are common and known from the Prophet (saw) in the world through his letters and Sunnah. At-Tirmizi said: “There is nothing authentic in this chapter.”.
关于阿伊莎的话:“如果缴纳了天课,佩戴首饰并无过错”,以及先知ﷺ看到她戴着银手镯,即大的戒指时所说的:“这足以让你免于火狱”,这些可以像阿慕尔·本·舒艾卜的圣训那样来解释。尤其是因为有来自阿伊莎的言论与此相矛盾。她的侄子,即她兄弟之子卡西姆·本·穆罕默德叙述说:“我从未见阿伊莎命令她的女奴或她兄弟的女儿(侄女)这样做。”她曾用金银装饰她兄弟的女儿,却不为此缴纳天课。关于银戒指的阿伊莎圣训由叶哈雅·本·艾尤卜叙述,而他是弱者。此外,戒指的重量不可能达到银的尼萨布,以致于在其上应当缴纳天课,而且其上也未满一年。所有这些都强调了此圣训的薄弱。至于从乌姆·赛莱麦传来的关于脚镯(Awdhah)的圣训,它是通过未知人物乌塔卜的传述路线而来的。
As for what came from Aisha of her saying: “There is nothing wrong in wearing jewellery if its Zakat is paid” and the Prophet (saw) ’s saying when he saw her wearing bracelets of silver i.e. large rings: “This is sufficient for you of Hellfire”, these can be explained like the Hadith of Amru b. Shuaib. This is especially because something came from Aisha that contradicts this. The son of her brother (i.e. nephew), Al-Qasim b. Muhammad, narrated: “I never saw Aisha commanding this of her women slaves nor her brother’s daughters (nieces).” She used to adorn her brother’s daughters with gold and silver and did not pay Zakat on it. The Hadith of Aisha regarding the rings of silver is narrated by Yahya b. Ayyub and he is weak. Furthermore, it is not possible for the weight of the rings to be the weight of silver’s Nisab such that the Zakat is obliged in it and a year had not passed on it. All of these emphasise the weakness of this Hadith. As for the Hadith of the Awdhah (anklets) narrated from Umm Salamah, it is narrated by way of Utab who is unknown.
至于阿卜杜拉·本·阿慕尔关于他曾为女儿的首饰缴纳天课的圣训,其传述链中存在与前面提到的阿慕尔·本·舒艾卜圣训相同的批评。伊本·欧麦尔、哲比尔、艾奈斯、阿伊莎和阿斯玛都认为首饰不需缴纳天课。卡西姆、沙尔比、盖塔德、穆罕默德·本·阿里(愿安拉赐福他)、马立克、沙斐仪、艾哈迈德、艾布·欧拜德、伊斯哈格和艾布·绍尔也持相同观点。
As for the Hadith of Abdullah b. Amru mentioning that he used to give Zakat on his daughter’s jewellery, in its chain is the same criticism as the chain of the previously mentioned Hadith of Amru b. Shuaib. Ibn ‘Umar, Jabir, Anas, Aisha and Asma all considered that there is no Zakat upon jewellery. The same was said by al-Qasim, Ash-Sh’abi, Qatada, Muhammad (saw) b. Ali, Malik, Ash-Shafii, Ahmad, Abu Ubaid, Ishaq and Abu Thawr.
这些内容都是关于女性所用的首饰。如果男子为自己使用而拥有这些首饰,这对他是被禁止的,并且他有义务缴纳天课。然而,如果他拥有这些首饰并不是为了自己使用,而是为了赠送或借给他的妻子、女儿或其他人,那么这些首饰不需要缴纳天课。这是因为它们的用途是被允许的,因此他不需要为此缴纳天课。如果他拥有这些首饰是为了经营买卖,那么就有义务缴纳天课。
This is all regarding jewellery used by a woman. If it is taken by a man for his own use, this is prohibited for him and he is obliged to pay Zakat. Whereas, if he takes them not for his own use but rather to give or lend to his wives, daughters or others then there is no Zakat upon them. This is because they are for a permitted use so there is no Zakat against him. If he takes them for business, then Zakat is obliged on them.