15 对赠与和供养支出的处置权
15 Right of Disposal to Spend in Gifts and Maintenance
处置权的一种是支出。所谓支出(Infaq),即无偿地给予财产;而以财产换取回报的给予,则不称为支出(Infaq)。真主(SWT)说:
One of the rights of disposal is spending. Spending a property means granting it without return, while granting a property for something in return is not called spending (Infaq). Allah (swt) says:
“你们当为真主而施舍” [黄牛:195] 他(SWT)说:
“Spend in the way of Allah” [Al-Baqarah: 195] He (swt) said:
“{以及我所供给他们的,他们施舍}”[黄牛:3] 他(SWT)还说:
“And of that which We provided to them, they spend” [Al-Baqarah: 3] He (swt) also said:
“让有余财的人,依其所能地施舍吧”[《至高者·离婚》:7],
“Let the one who is able to spend, spend the best He can” [At-Talaq: 7],
伊斯兰有其自身的道路,因此它规定了花费(Infaq)的方式,并为之设定了规范。它并没有让财产的所有者随心所欲地支配自己的财产,想怎样花就怎样花;而是确定了他在世时和身后处置其财产的方式。
Islam follows its own way, so it defined the ways of spending (Infaq) and put checks for these ways. It did not leave the property owner free in his disposal, in a way that He can spend his property as He likes. It rather determined the way of disposal of his property both during his life and after his death.
一个人通过将财产的所有权无偿转移给他人来处置其财产,可以是把财产give给他人,也可以是用于自身以及他有责任供养的人。这种花费可以在其生前进行,例如赠予、馈赠、施舍、经济资助以及生活费(Nafaqah)。也可以在其死后进行,例如遗嘱。伊斯兰教对这种花费做了规范,禁止穆斯林在战争中向敌人赠予或馈赠任何能够增强敌人力量以对抗穆斯林的东西,甚至在这种情况下禁止穆斯林向敌人施舍。伊斯兰教也禁止穆斯林进行馈赠、捐助或赠礼,除非他为自己和家人保留了足以让他们满足、不依赖他人的财产。如果他违反此规定,那么他的赠予和捐助将被取消。 安拉的使者ﷺ说:"最好的施舍是使你不致贫困的施舍,并且你应先施舍给你所负责供养的人。"此段圣训由布哈里从艾布·胡莱拉处转述。 达里米从哲比尔·本·阿卜杜拉处转述,他说:"我们与安拉的使者ﷺ在一起时,一个人走到他面前,手里拿着一块像鸡蛋一样大的金块,是他在某次战役中所得。艾哈迈德说,那是在某个矿山中找到的,这是真实的。那人说:'安拉的使者啊,请您收下这块金子作为施舍。以安拉起誓,我除此之外再没有其他财产了。'先知ﷺ把脸转向别处,不理睬他。然后那人从先知ﷺ的左边走来,说了同样的话;接着他又从先知ﷺ的前面走来,再次重复了那番话。先知ﷺ于是生气地说:'拿来吧。'然后将金块朝他扔去,力道之大,如果击中他,就会伤害或打伤他,并说:'(为何)你们中有人故意把自己的财产拿去施舍,而他除此之外一无所有,然后又坐下来向人乞讨呢?'" “真正的施舍是出于充足的财富。拿走你的吧,我们不需要它。”那人便拿走了他的财产。”一个人为自己和家人留下的充足财产,是能够满足其基本需要的部分:即食物、衣着、住所,以及按照他通常生活水平被认为必要的享受。这便是依照与他同等之人普遍所知的生活水准,足以让他感到满足的财产数额。这要根据他平时的需要来衡量,以维持他本人、家人以及同类人所过的生活水平。关于安拉(SWT)所说的:
The individual’s disposal of his property through transmitting his ownership to another person without return, could be through giving it to people or through spending it upon himself and upon those He is responsible to support them financially. Spending could be done during his life, like granting, gifting, charity, financial support and Nafaqah. It could also be after his death, like the will. Islam intervened in this spending, in such a way that it prevented the Muslims from granting or a gift given to the enemy, in case of war, in anything that strengthens them against Muslims. It even prevented Muslims from giving charity to the enemy in that case. Islam also prevented the Muslim from giving grants, donations or gifts unless He keeps for himself and for his family that which keeps them satisfied and free from dependency upon others. If He did otherwise, then his gift and grant would be cancelled. The Messenger of Allah (pbuh) said: “The best charity (is) that which leaves you not needy, and you start by giving charity to those whom you (financially) support”, narrated by Bukhari from Abu Hurairah. Ad- Darimi narrated from Jabir ibn Abdullah that He said: “While we were with the Messenger of Allah (pbuh) a man came to him, holding an egglike piece of gold, which He gained in one of the battles. Ahmad said, it was in one of the mines, which is true. The man said, ‘O Messenger of Allah, take it from me as charity. By Allah I have no property other than it.’ The Prophet (pbuh) turned his face away from him. Then the man came from the left of the Prophet, and said as before, then He came from the front of Him and repeated it again. The Prophet (pbuh) then said angrily, ‘Let me have it’, and He threw it at Him in such a way that if it had touched Him it would have hurted or wounded him, and said ‘(Why) does one of you (people) deliberately give away his property as charity, when He has nothing other than it, and then He sits to beg from people? Indeed charity is out of sufficiency. Take yours, for we have no need for it.’ The man took his property.”’ The sufficiency which the person leaves for himself and his family is that which meets their basic needs; that is the foodstuff, dress, home including the luxuries which are considered necessary for Him according to his usual standard of living. That is the amount of property which satisfies Him according to the usual standard known amongst people of his like. This is assessed according to his usual needs, maintaining the standard of living at which he, his family and similar people live. In regard with what Allah (swt) says:
……但宁愿把财物让给他们,哪怕自己贫困不堪。”[{Al-Hashr: 9}]
...but prefer (the Emigrants) over themselves, though poverty was their lot.” [Al-Hashr: 9],
这并不意味着,即使他们处于贫困之中,正如人们可能认为的那样。它的意思毋宁是:即使他们对超出基本需要之外的东西有所需求。证据是,先知ﷺ曾将施舍给予那些贫困的人,而他除了没有财产需要的人之外,并不排除任何人接受施舍。经文中的“Khasasa”一词,在语言学上与房屋的“Khasas”相关,即房屋上的缝隙或孔洞。因此,整节经文是:
This does not mean that even if they were in poverty as it might be thought. It rather means, even if they had a need for more than their basic needs. The evidence for that is that the Prophet (pbuh) gave charity for those who were in poverty, and He did not exclude from giving charity except those who had no need for property. The word Khasasa in the verse, linguistically relates to the Khasas of the house which are the gaps or openings in it. So the entire verse is:
"……他们心中不会因那些给予迁士的东西而生出妒忌,而且宁愿把它们给予别人,即使自己也十分贫困……"
“… and entertain no desire in their hearts for things given to the (emigrants), but give them preference over themselves, even though poverty was their own lot …” [Al-Hashr: 9].
"慈善应出于充裕",以及"(你们中)为何有人故意把自己的财产施舍出去,而他除此之外一无所有,然后坐下向人乞讨",这两句话都出自Ad-Darimi所载的圣训,它们所说的禁止是什么意思?我的理解是:贫穷、无法满足基本需要的人,不得把维持其基本生活所必需的东西拿去施舍。因为慈善必须出于充裕,即那能使他不必向人求助、足以满足基本需要的财产。至于拥有超出基本需要之财产的人,在满足了基本需要之后,若发现自己还需要满足超出基本需要的东西,比如奢侈品,那么此人更应该以穷人为先,把超出的财产施舍给穷人,即便他自己需要这些财产来满足奢侈的享受。
What is meant by the prohibition of giving charity in the sayings of the Prophet (pbuh): “Charity is out of sufficiency”, and “(Why) does one of you (people) deliberately give away his property as charity, when He has nothing other than it, and then He sits to beg from people”, both from a Hadith narrated by Ad-Darimi, is that the poor person who does not fulfil his basic needs is not allowed to give in charity things necessary for meeting his basic needs. Because charity must be out of sufficiency i.e. that which keeps Him in no need to people for satisfying his basic needs. But as for the person who has property in excess of his basic needs, and after satisfying his basic needs He sees that He is in need to satisfy more than his basic needs, like luxuries, it is preferable for such a person to prefer the poor people over himself, by giving that excess of property as charity to the poor though He needs such property to satisfy his luxuries.
伊斯兰教也禁止人在临终时进行赠予、馈赠或遗嘱式的给予。如果一个人在临终时作出赠予、馈赠或给予,那么实际执行的只有其所给予之物的三分之一。达拉古特尼记载,阿布·丁尔达(愿真主喜悦他)说:安拉的先知ﷺ说:“真主允许你们在临终时处理三分之一的财产,以增加你们的善行,使其成为你们善功的增益。” 伊姆兰·本·侯赛因记载:一名安索尔人在临终时释放了他的六名奴隶,而他除了这些奴隶之外别无其他财产。先知ﷺ召见了他们,将他们分成三等份,然后抽签决定,释放了其中两人,留下四人为奴。 既然释放奴隶这一被教法鼓励的行为,在临终时都不被执行,那么其他行为便更应当同样对待。
Islam also prevented the person from granting, gifting or giving as a will when He is dying. In the case where He gives a grant, gift or will when He was dying, then only one third of what He gave is actually executed. Ad- Daraqutni narrated from Abu Ad-Dardaa that He said: The Prophet (pbuh) of Allah (swt) said: “Allah allowed you one third of your property (to distribute) at the time of dying to increase in your good things (Hasanat), so as to make it an increment in your (good) deeds.” Imran ibn Hussain narrated “that a man from the Ansar set free his six slaves when He was dying, while He had no property other than them. The Prophet (pbuh) called them, divided them into three equal parts and drew lot on them thus setting free two of them and keping four as slaves.” So if setting slaves free, a matter which Shar’a encouraged, was not executed, then other actions are even more so similarly considered.
所有这些都是关于将财产交给他人的处置方式。至于通过用于自身以及用于其有责任供养之人的开支来处置财产,伊斯兰教也对此作出了规定,并为之确立了恰当的方式。据此,它禁止人们从事以下某些行为,具体如下:
All this is in regard to the disposal of the property by giving it to people. But as for the disposal of property through spending it upon oneself and upon those He is responsible to spend on, Islam addressed this matter and outlined a proper way for it. Accordingly, it prohibited the person from certain things, as follows:
A. 它禁止人挥霍浪费(过度消费),并视之为愚昧(Safah),这需要阻止愚昧和挥霍之人处置自己的财产,即对其加以限制(即对其实施Hajr),并为其指定一位监护人,以便在其利益范围内处置其财产。安拉(SWT)说:
A. It prohibited the person from being prodigal (excessive) in spending, and it considered that as foolishness (Safah) which requires preventing the foolish person and squanderer from disposal of his property by restricting Him (i.e. making Hajr on him) and appointing a guardian over Him to dispose of his properties in his interest. Allah (swt) said:
“你们不要把真主用来供你们管理的财产交给无知的人,而要从中供给他们衣食。”(《妇女章》:5)
“Give not to the foolish your wealth, which Allah has assigned to you to manage; but feed and clothe them from it.” [An-Nisa: 5],
所以安拉(SWT)禁止愚笨者处置财产的权利,只允许他从其中获得食物和衣物。安拉(SWT)还说:
So Allah (swt) prohibited the right of disposal of property to the foolish and He gave Him only the right to be fed and clothed from it. Allah (swt) also said:
“但如果欠债者愚笨、软弱,或自己无力口述,那就让他的监护人依照公正的原则代为口述。”[Al-Baqarah: 282],
“But if He who owes the debt was foolish or weak or unable himself to dictate, then let the guardian of his interests dictate in (terms of) equity.” [Al-Baqarah: 282],
所以安拉(SWT)使对愚钝者的监护成为一项义务(Wajib)。穆吉拉·本·舒尔巴传述,真主的使者ﷺ“禁止浪费财产”,这是一段圣训的一部分,由阿德-达里米、布哈里和穆斯林传述。
So Allah (swt) made guardianship upon the foolish a duty (Wajib). Al Mughira ibn Shu’aba narrated that the Messenger of Allah (pbuh) “prohibited wasting the property”, a part of a Hadith narrated by Ad- Darimi, Bukhari and Muslim.
“奢侈”(Israf)与“挥霍”(Tabdheer)这两个词,既有语言学上的含义,也有教法(Shar'i)上的含义。语言学上的含义在民众中流行开来,并与教法含义相脱离。于是人们开始以不同于教法本意的方式来解释这两个词。 就语言学含义而言,“奢侈”指超越适度的界限,与中庸之道相反。至于“挥霍”,指浪费和耗尽财产。 就这两个词的教法含义而言,“奢侈”和“挥霍”指将钱财(财产)花在真主(subhanahu wa ta'ala)所禁止的任何事物上。因此,凡是按照真主所允许或所嘉许的方式花费的,无论数量少还是多,都不被视为奢侈或挥霍。而凡是按照真主所禁止的方式花费的,无论数量少还是多,都属于奢侈和挥霍。 据传,祖海里(Az-Zuhri)在解释真主的话语时曾这样说道:
Prodigality (Israf) and squandering (Tabdheer) are two words that have linguistic and divine (Shar’i) meanings. The linguistic meaning prevailed amongst the people, and became detached from the divine meaning. So they started to interpret these two words in a manner other than that intended by Shar’a. As for their linguistic meaning, prodigality means exceeding the limit of moderation which is the opposite of the middle course. As for squandering, it means wasting and eliminating the property. With regards to the divine (Shari’) meaning of the two words, prodigality and squandering mean spending money (property) on anything prohibited by Allah (swt). So anything spent the way Allah (swt) allowed or commended would not be considered prodigality or squandering, whether it was little or great. While anything spent the way Allah (swt) forbids would be prodigality and squandering, whether it is little or great. It was narrated that Az-Zuhri used to say in explaining the words of Allah (swt):
“不要让你的手被套在颈上,也不要把它完全张开”[《伊斯拉》:29]。他说:“不要因为正当的事(Haqq)而停止花费,也不要把钱花在虚假(Batil)的事情上。”“挥霍”一词在《古兰经》的几节经文中都有提到:
“And let not your hand be chained to your neck, nor open it with a complete opening” [Al-Isra: 29] He said: “Don’t stop spending it upon something right (Haqq), nor spend it on a false (Batil) thing.” The word prodigality was mentioned in the Qur’an in several verses:
“那些人,当他们花费时,既不奢侈,也不吝啬,而是在两者之间保持适中。”{《古兰经》25:67}
“And those who when they spend are neither prodigal nor niggardly, and there is ever a firm station between the two” [Al-Furqan: 67],
所以,这里的“挥霍”指的是把钱财花在罪恶之事上,而花在能使人亲近安拉(SWT)之事上,则不算挥霍。因此这节经文的含义是:不要把你的财产花在罪恶上,也不要吝啬到连花在合法之事上也不肯,而是你更应该把它花在超出合法范围的善举上,也就是施舍。所以,把财产花在被禁止之事上是受到谴责的,在合法之事上吝啬也同样受到谴责。值得称赞的是花在合法之事上和施舍上。安拉(SWT)说:
So prodigality here means to spend on sin, while spending on the things which bring one close to Allah (swt) has no prodigality. So the meaning of the verse is: Do not spend your property on the sins, and do not be niggardly even in spending it on the allowed things, rather it is better for you to spend it on more than the allowed things (Mubahat), that is in charity. So spending property on the forbidden things is dispraised and stinginess in the allowed things is dispraised as well. What is praised is to spend on the allowed things and the charities. Allah (swt) said:
“不要挥霍浪费,真主确实不喜爱挥霍浪费的人。”[《古兰经》6:141]
“Don’t be prodigal (when you spend), surely He (Allah) does not like those who are prodigal.” [Al-An’am: 141],
这是真主(SWT)对挥霍浪费的谴责,即将钱财花在罪恶之事上。"挥霍者"(Musrifeen)一词后来指那些背离真主(SWT)的记念(Dhikr)之人。真主(SWT)说:
This is censure by Allah (swt) of prodigality, which is spending on sins. The word prodigals (Musrifeen) came to mean those who are turning away from remembrance (Dhikr) of Allah (swt). He (swt) said:
“但当我们解除他的苦难后,他仿佛从未因所遭受的苦难而向我们祈求一样,继续走他的路。同样,过度者的行为在他们看来是美好的。”{尤努斯:12}
“But when We had relieved Him of his misfortune He went his way as though He had not cried to Us for the misfortune that afflicted him. Thus do the deeds of the (transgressors) prodigals seem fair in their eyes.” [Yunus: 12],
这意味着,撒旦通过其低语,把挥霍者背离安拉的记念、追随私欲的所作所为粉饰得很美好。因此,安拉(SWT)把背离安拉记念的人描述为挥霍者。
This means that Satan presents favourably, through his insinuation, what the prodigals do by way of turning away from Allah’s remembrance and following their whims. So Allah (swt) described those who turn away from the remembrance of Allah as prodigals.
“挥霍者”一词后来也用来指那些恶行多于善行的人。安拉(SWT)说:
The word ‘prodigals’ came also to mean those whose wickedness exceeded their goodness. Allah (swt) said:
“毫无疑问,你们所呼唤我去拜的那些,在今世和后世都不配被祈求;我们的归宿终将归于真主,而过度妄为者,必是火狱的居民。”[信徒:43]
“Assuredly, that to whom you call me has no claim in the world or in the Hereafter, and our return will be to Allah, and the prodigals will be the people of the fire.” [Ghafir: 43],
据盖塔德(Qatadah)传述,他说:此处所说的"挥霍者"(al-musrifin)指的是以物配主者(即以物配真主的人)。穆贾希德(Mujahid)说:此处的"挥霍者"指的是不义地流血的人。也有人说:指的是恶行超过善行的人。
It was narrated from Qatadah that He said the meaning of prodigals here is the Mushrikeen (i.e. those who associate partners with Allah). Mujahid said that the prodigals here means those who unjustly shed blood. It was said also that it means those whose wickedness exceeded their goodness.
"prodigals"这个词后来也用来指腐败者(Mufsideen)。安拉(SWT)说:
The word prodigals came also to mean the corrupters (Mufsideen). Allah (swt) said:
因此,你们要敬畏安拉,服从我。不要服从那些挥霍无度的人的命令。他们在大地上播散腐败,却不加改正。【诗人章:151-152】
“Therefore keep your duty to Allah and obey Me. And obey not the command of the prodigals. Who spread corruption in the earth and do not reform.” [Ash-Shu’ara: 151-152],
因此,在所有这些经文中,“挥霍者”(Musrifeen)一词绝非其语言学意义,而是具有其宗教法(Shar'i)上的含义。当它与花费相关联时,指的是以罪恶方式(违抗真主)挥霍财产。所以用其语言学意义来解释是无效的,因为真主(SWT)赋予了它特定的宗教意义。
So in all these verses, the word prodigals (Musrifeen) absolutely does not carry its linguistic meaning; it rather has divine (Shar’i) meanings. And when it is mentioned in connection with spending it is meant to be the spending of property sinfully (in disobedience). So to explain it with its linguistic meaning is invalid, because Allah (swt) intended for it a particular divine meaning.
"挥霍"(Tabdheer,تبذير)有一层神圣的含义,也指将钱财花在禁止之事上。真主(SWT)说:
Squandering (Tabdheer) has a divine meaning which also means spending on the Haram things. Allah (swt) said:
“并且不要挥霍浪费。挥霍浪费者确是恶魔的弟兄。”(《伊斯拉》:26-27)
“And squander not (your wealth) in wantonness. Lo! The squanderers were ever brothers of the devils.” [Al-Isra: 26-27],
这意味着挥霍者在邪恶上如同恶魔,这是最严厉的谴责,因为再没有比撒旦更“恶魔”的了;这里的挥霍是指将财产用于被禁止的事务。据伊本·麦斯欧德传述,他说:“挥霍就是将财产用于非其应有之处。”穆贾希德也说:“如果一穆德(干量单位,约18升)被不正当地花掉,那就是挥霍。”据传述,伊本·阿拔斯说:挥霍者就是不正当花费的人。古塔达说:“挥霍就是在违抗真主的情况下罪恶地花费,不用于正当之事,而用于败坏(Fasad)。”这些含义已由泰伯里在其经注中提及。所有这些都表明,所谓浪费和挥霍,指的是在真主(swt)所禁止之事上的花费。因此,在任何被沙里亚禁止之事上的花费都被视为非法(不正当),这需要宣布行为人为无行为能力者。对于被宣布为无行为能力者,他的施舍、买卖、赠与和婚姻都不发生效力。他所欠的任何债务不会被偿还,他也不会因未偿还而被定罪。但在宣布其无行为能力之前所做的行为仍然有效,直到法官宣布其无行为能力为止。关于真主(swt)所说的经文:
This means that the squanderers are like the devils in their wickedness, which is the greatest rebuke, because there is none more ‘devilish’ than Satan, and squandering means here to spend the property on forbidden matters. It was narrated from Abdullah ibn Mas’oud that He said: “Squandering means to spend the property on other than its right.” Mujahid said also: “If a Mudd (a dry measure =18 litres) was spent unrightfully it would be squandering”. It was narrated that Ibn Abbas said that the squanderer is the one who spends unrightfully. Qatadah said: “Squandering is spending sinfully (in disobedience of Allah), not on the right thing and in the corruption (Fasad).” These meanings have been mentioned by at-Tabari in his tafseer. All this indicates that what is meant by prodigality and squandering is the spending on what is prohibited by Allah (swt). So spending on anything prohibited by Shar’a is considered illegal (unrightful) which requires declaring the doer as incompetent. And regarding the one who is declared incompetent; his charity, selling, gift and his marriage are all not executed. Any loan He took would not be duly repaid nor would He be convicted for not repaying it. But the actions He did before the declaration of his incompetence are implemented until a judge declares his incompetence. In regard with what Allah (swt) says:
“不要把你的手拴在颈上,也不要把它完全张开,以免你坐下来受责备、被抛弃。”[Al-Isra: 29]
“And let not your hand be chained to your neck nor open it with a complete opening lest you sit down rebuked, derided.” [Al-Isra: 29],
禁止的是"完全伸开手",而不是"伸开手"。因此,真主(swt)并没有禁止在合法事物上大量花费,即伸开手;被禁止的是完全伸开手,也就是在非法之事上花费。之所以没有禁止伸开手,即大量花费(因为这正是"伸开手"的含义),这证明经文所指的是在合法之事上的花费。将禁令集中在完全伸开手上,证明禁令针对的是超出允许范围的伸开手,因此禁令所针对的是在非法之事上的花费。
The prohibition here is the complete opening not the opening. So Allah (swt) did not forbid a high level of spending on the Halal things i.e. opening the hand. What is forbidden is the complete opening of the hand, which is spending on the Haram. Not forbidding the opening of the hand, i.e. a high level of spending (because this is what is meant by hand opening) is an evidence that it means spending on the Halal. Focusing the prohibition on the total opening of the hand is an evidence that the forbiddance is focused on that which exceeds the allowed hand opening, thus the prohibition is focused on spending on the Haram.
关于证据的这一点:关于花费的实际情况,以及对一个人是否过度花费的评判,取决于其所在国家的生活水平。在那些人们的基本需求尚未完全得到满足的国家,把钱花在奢侈品上会被视为高水平的花费,许多伊斯兰国家的情况即是如此。但也有一些国家,个人的基本需求已得到完全满足,并且还能满足奢侈需求;随着城市化的发展,冰箱、洗衣机、汽车之类的物品对他们而言已变成基本需求。因此,他在这些物品上的花费不会被视为高水平的花费。 所以,如果按照"挥霍"和"浪费"的语言学含义来理解,就意味着天经的律例认为超出基本需求的任何花费都是哈拉姆。这样一来,购买冰箱、洗衣机或汽车就成了哈拉姆,因为它超出了基本需求。或者说,天经的律例会认为在某些国家或对某些人来说,在这些奢侈品上花费是哈拉姆,而在另一些国家或对另一些人来说则是哈俩尔。这将意味着同一件事的律例在没有理由(伊拉)的情况下发生了改变,而这是不允许的,因为同一问题的天经律例永远不应改变。 此外,当安拉(subhanahu wa ta'ala)允许使用和享用事物时,他是以绝对的方式作出规定的,并未把花费限定为少量或大量。那么,怎么能把高水平的花费视为哈拉姆呢?如果安拉禁止在合法的事物上高水平地花费,同时又将这些事物定为合法,那就意味着他同时允许并禁止了同一件事物。
This is in regard to the evidence. With regard to the reality of spending, and the evaluation that a person overspent or not, this depends on the standard of living in his country. In those countries where the individuals do not satisfy their basic needs completely, one’s spending on the luxuries would be considered a high level of spending, as it is the case in many Islamic countries. But there are countries in which the individual satisfies his basic needs completely, and also satisfies his luxuries, which with the advancement in urbanisation have become, basic needs for Him like the fridge, washing machine, car and the like. So his spending on these luxuries would not be considered a high level of spending. Therefore, using prodigality and squandering in their linguistic meaning would mean that the divine rule considers any spending in excess of the basic needs as Haram. Thus buying a fridge, a washing machine or a car is Haram since it is in excess to the basic needs. Or the divine rule would consider spending on these luxuries as Haram in some countries or on some people and Halal in some countries or on some people. This would mean that the divine rule changes in the same case without a reason (Illah), which is not allowed, as the divine rule of the same issue should never change. Moreover, when Allah (swt) allowed using and consuming things, He defined this in absolute terms without restricting the spending to being little or great. So how then can a high level of spending be considered Haram? Had Allah (swt) prohibited high levels of spending in the Halal things, and had He made these things Halal, this would mean that He had allowed and prohibited the same thing at the same time.
这意味着真主(SWT)允许使用私人飞机,但如果个人购买私人飞机被视为高额消费,祂又禁止使用,这将构成矛盾,而这是不被允许的。因此,对挥霍浪费的解释不应采用其语言学含义,而应采用其神圣的(沙里尔)含义,即经文中通过部分圣门弟子和可信赖的学者所作的解释。 二、伊斯兰禁止个人奢侈,视其为罪过,并以刑罚警告奢侈之人。真主(SWT)说:
This would mean that Allah (swt) had allowed using a private plane, but He prohibited using it if its purchase by a person was considered a high level of spending. This would be a contradiction which is not allowed. Therefore, the explanation of prodigality and squandering by their linguistic meaning is not allowed, they should rather be explained by their divine (Shar’i) meaning which came in the verses through the interpretation of some of the Companions and trusted scholars. B. Islam prohibited the individual from luxury, considered it a sin, and He warned the luxurious ones with torture. Allah (swt) said:
“而左手的人,左手的人是怎样的呢?他们将处于热风和沸水之中,在浓黑的烟影之下,既不凉爽,也不舒适。因为他们此前originally沉溺于罪恶的奢侈之中。”[《瓦格尔》:41-45]
“And those of the left hand: What of those of the left hand? In scorching wind and scalding water, and shadow of black smoke. Neither cool nor refreshing. For they were, before that, indulged in sinful luxury.” [Al-Waqi’a: 41-45],
即他们是傲慢的人,随心所欲地行事。安拉(SWT)还说:
i.e. they were arrogant, who do what they wish. Allah (swt) also said:
“直到我以刑罚抓住那些奢华的人时,看哪!他们开始哀求。”[《信士》:64]
“Till when We grasp the (town’s) luxurious ones with punishment, behold! They started to supplicate.” [Al-Mu’minun: 64],
“这里的‘奢逸者’指的是傲慢的暴君。安拉(SWT)还说:”
The luxurious ones here means the arrogant tyrants. Allah (swt) said also:
“我从未向任何城市派遣过警告者,而其中的富裕者却说:‘我们不信你们所带来的使命。’”[赛八:34] 所谓富裕者,是指因财富和子女众多而对信士傲慢自大的人。安拉(SWT)说:
“And We sent not unto any township a warner, but its luxurious ones declared: Lo! We are disbelievers in that which you bring to us.” [Saba’a:34] The luxurious ones are those who are haughty (arrogant) towards the believers because of their high level of wealth and children. Allah (swt) said:
“不义者追随的,是他们曾经沉溺其中的安逸享乐。”[呼德:116]
“The wrongdoers followed that by which they were made surrounded with luxury.” [Hud: 116],
所谓“那些被奢华所包围的人”,是指他们转向了自己的私欲,即追随自己的私欲。安拉(SWT)说:
What is meant by those who were surrounded with luxury is that they turned towards their whims i.e. followed their whims. Allah (swt) said:
“我若想毁灭一个城市,就命令其中的豪富者,他们却在其中作恶,于是那城市就应受刑罚,我便彻底摧毁它。”(《伊斯拉》:16)
“And when We would destroy a township We send commandment to its tyrant folk (luxurious ones) and afterward, they commit abomination therein.” [Al-Isra: 16],
所谓"暴民",指的是他们中那些养尊处优的暴君。安拉(SWT)说:
What is meant by tyrant folk is their tyrants who live at ease. Allah (swt) said:
“我使他们在今世过上富足的生活”[信士章:33],
“We made them luxurious in the worldly life” [Al-Mu’minun: 33],
这就是说:我们使他们因傲慢而坚持其暴虐,即我们使他们变得高傲。
that is We made them insist on their tyranny out of their arrogance i.e. We made them arrogant.
"奢侈"(Taraf)在语言上指因过着安逸舒适的生活而产生的骄矜与傲慢。当我们说财富使某人"奢侈"时,是指财富使他变得傲慢、堕落。人变得"奢侈",意味着他坚持暴虐,并且放纵越轨、趾高气扬。因此,《古兰经》所谴责、安拉(SWT)所禁止并视为罪过的"奢侈"(Taraf),是指在语言上意为因生活安逸而产生的骄矜与傲慢的那种奢侈,而不是安逸生活本身。所以,把Taraf解释为享受安拉所赐予的财富与安逸生活,是错误的,因为沙里亚并不谴责安逸的生活,也不谴责享用安拉所赐的给养。安拉(SWT)说:
Luxury (Taraf) linguistically means vanity and arrogance due to living a life of ease and comfort.When we say wealth made somebody luxurious, we mean it made Him arrogant and corrupted him. That the person became luxurious means that He insisted on tyranny. He also transgressed and became haughty. Thereupon the luxury (Taraf) which the Qur’an condemned, and Allah (swt) prohibited and considered a sin is the Taraf that linguistically means haughtiness and arrogance due to ease of living, but not the ease of living itself. Therefore it is wrong to interpret Taraf as enjoying the wealth and ease of living by that which Allah (swt) provided, because ease of living and enjoying the provision of Allah are not condemned by Shari’ah. Allah (swt) said:
“你说:‘谁禁止了真主为祂的仆人所创造的装饰,以及美好的给养呢?’”[الأعراف:32]
“Say: Who has forbidden the adornment of Allah which He has brought for His servants and the good things of His provision?” [Al-A’raf: 32],
至于艾卜杜拉·本·阿慕尔,提尔米兹圣训集中记载他说:“先知(愿主福安之)说:‘真主喜欢看到其仆人身上显现出的恩惠(恩赐)的迹象。’”也就是说,祂喜爱仆人享受祂的恩惠,并享用祂为他所赐予的美好事物。但真主(subhanahu wa ta'ala)憎恶由安逸生活可能产生的骄傲、傲慢与越轨。因此,如果安逸生活导致骄傲、越轨、傲慢和暴虐,真主就憎恶这种安逸生活。 由于丰厚的财富所带来的安逸与舒适,可能使一些人走向傲慢、暴虐和自大,也就是在他们心中产生“塔拉夫”(奢靡、放纵),伊斯兰因此禁止这类奢靡。所以,如果财富和子嗣的丰盈导致了腐败,使人变得傲慢和暴虐,伊斯兰就予以防范,并对此严加禁止。因此,当说“塔拉夫”是禁止的时,并不意味着安逸生活是禁止的,而是指由财富的轻易享用所产生的傲慢是禁止的;正如“塔拉夫”一词在语言学上的含义,以及古兰经经文中所说的奢靡(塔拉夫)之含义所示。
At-Tirmidhi narrated from Abdullah ibn Amr who said: ‘The Prophet (pbuh) said, “Allah likes to see the signs of His favour (bounties) on His servant,’” i.e. He loves for His servants to enjoy His favour and enjoy the good things He has provided for him. But Allah (swt) hates the haughtiness, arrogance and transgression that may result from a life of ease. So Allah (swt) hates the life of ease if it produced haughtiness, transgression, arrogance and tyranny. Since a life of ease and comfort by the abundant wealth could lead some people to arrogance, tyranny and haughtiness; that is it creates Taraf in them, Islam prohibited that type of luxury. So Islam prevented corruption if it resulted from the abundance of wealth and children, making people arrogant and tyrannical. Islam prohibited that strongly. So when it is said that Taraf is Haram it does not mean the life of ease is Haram, it rather means that arrogance which results from the easy use of wealth is Haram, as Taraf would mean linguistically, and as luxury (Taraf) would mean from the verses of the Qur’an.
C. 伊斯兰禁止个人对自己吝啬,禁止自己拒绝合法的享受。伊斯兰也使享用美好的给养和佩戴合适的饰物成为合法。真主(SWT)说:
C. Islam prohibited the individual from being niggardly towards himself and preventing himself from legal enjoyment. It also made Halal the enjoyment of the good provision and the use of suitable ornaments. Allah (swt) said:
“不要把你的手套在颈上,也不要完全摊开,以免你坐下来受责备、受困窘。”【伊斯拉:29】真主(SWT)说:
“And let not your hand be chained to your neck, nor open it with complete opening lest you sit down rebuked, derided.” [Al-Isra: 29] And Allah (swt) said:
“那些人,当他们花费时,既不挥霍,也不吝啬,而是介于两者之间,保持中道。”[古兰经 25:67] 安拉(SWT)还说:
“And those who, when they spend, are neither prodigal nor miserly, and there is ever a firm station between the two (situations).” [Al-Furqan: 67] And Allah (swt) also said:
“说:‘谁禁止了真主为祂的仆人所创造的装饰,和那些美好的给养呢?’”[仰拉夫:32]
“Say: Who has forbidden the adornment of Allah which He has brought for His servants and the good things of His provision.” [Al-A’raf: 32],
先知说:"安拉喜欢看到恩惠的印记留在祂的仆人身上",由at-Tirmidhi(提尔米兹)记载。先知还说:"如果安拉赐予你财产,就让祂看到祂的恩惠和尊荣在你身上的印记",由Al-Hakim(哈基姆)从Abu Al-Ahwas(阿布·艾哈瓦斯)的父亲处记载。因此,如果某人拥有财产,却在自己的开支上吝啬,那么他在安拉面前是有罪的。但如果他对那些他有责任供养的人吝啬,那么除了他在安拉面前的罪过之外,国家还必须强制他为其有责任供养的亲属开支,并确保他的开支足够充裕,使他们过上良好的生活。安拉(SWT)说:
The Prophet (pbuh) said: “Allah loves to see the sign of His favour on His servant”, narrated by At-Tirmidhi. The Prophet (pbuh) said also: “If Allah gave you property, let Him see the sign of His bounties and dignity on you”, narrated by Al-Hakim from the father of Abu Al-Ahwas. So if someone has property and was miserly when spending on himself, He would be sinful in the sight of Allah. But if He was miserly towards those He is responsible to support, then beside his sin in the sight of Allah, He must be obliged by the State to spend on his relatives whom He is responsible to spend on, and to make sure that his spending on them is ample so that they are provided with a good standard of living. Allah (swt) said:
“让富裕的人依照他的财力施舍。”[《至远》:7]安拉(SWT)说:
“Let the wealthy (person) spend out of his capacity.” [At-Talaq: 7] And Allah (swt) said:
“你们当按自己的财力,将她们安置在你们所居住的地方,不要为了迫害她们而刁难她们。”[《至仁主》(At-Talaq):6]
“Lodge them where you dwell, according to your wealth, and harass them not so as to make life harsh for them.” [At-Talaq: 6],
如果一个人对其有义务供养的人吝啬,那么有权获得抚养费(Nafaqah)的人,可以从他的财产中取走通常足以满足其需要的数额。布哈里和艾哈迈德都从阿伊莎处传述:欣德·本特·乌特巴说:“安拉的使者啊,艾布·苏福扬是个吝啬的人,他不给我和我的孩子足够的开支,除非我在他不知情的情况下自己拿取。”先知ﷺ说:“你和你的孩子,取那通常足够你们的数额。”因此,先知ﷺ使她有权在丈夫不知情的情况下,自行取走这笔抚养费,如果他不给她的话,因为抚养费是他应尽的义务。法官也有责任为她确定这笔抚养费。正如支付抚养费的人有义务支付,领取抚养费的人同样有义务将其用于付款所指定的事项。因此,如果抚养费是为孩子们而定的,并且支付给了他们的监护人,无论是母亲、祖母还是其他人,她就必须将其用于孩子们;如果她没有这样做,法官就会强制她将其用于这一目的。
If the person was miserly towards those whom He was responsible to support, then those who are entitled for financial support (Nafaqah) have the right to take from his property the amount which normally meets their needs. Bukhari and Ahmad both narrated from Aisha that Hind bint Utbah said: “O Messenger of Allah, Abu Sufyan is a miserly person, and He does not give me that which is enough for me and my children except that which I take without his knowledge.” The Prophet (pbuh) said: ‘Take that which is normally enough for you and your children.”’ So the Prophet (pbuh) made it a right for her to take that Nafaqah by herself without his knowledge if He did not give it to her, because Nafaqah is a duty upon him. And the judge is bound to assign to her this Nafaqah. As it is obligatory that the person who is responsible to pay the Nafaqah, it is likewise obligatory upon the one who takes the nafaqah to spend it on the matters for which it was paid. So if the Nafaqah was decided to the children, and it was paid to their guardian, whether a mother, grandmother or others, then she has to spend it on them; and if she did not do that then the judge would oblige her to spend it for that purpose.