19 圈地保护（Hima）与公共利益 - 伊斯兰的经济制度 | System Of Islam

19 圈地保护（Hima）与公共利益 - 伊斯兰的经济制度 | System Of Islam

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19 圈地保护（Hima）与公共利益

19 Seclusion (Hima) in the Public Interests

by Taqiuddin an-Nabhani2 min readViewed 151 times

所有人都有权利享用公共设施，但须按照其设立的用途来使用。因此，设施不得用于其设立目的之外的用途。由此，不得将道路用于休息（停车休息），不得将其用于做生意（停车经营），也不得用于道路本非为之而设的任何用途。这是因为道路是为通行而设的；除非其使用方式不妨碍通行，而这种轻微的使用应以不对过路人造成伤害或困扰为衡量标准。河流也不得用于其设立目的之外的事务。因此，如果一条河流是为灌溉而设，比如一条小河，那么就不应将其用于航运；而如果它同时为两种用途而设，例如尼罗河和底格里斯河，则可以两者兼用。

There is a right for all the people to benefit from the public utilities, for the purpose for which they are designated. They should not be used except for the purpose for which they are designated. Thus, it is not allowed to use a road for the purpose of a recess (parking for a break), nor parking to trade, nor anything that the road did not exist for. This is because the road exists for the purpose of travelling upon it; unless it were to be used in such a way that does not interfere with travelling; and this marginal use is evaluated as that which does not cause harm or difficulty for passers by. Rivers also should not be used for other than the matter, which they exist for. So if a river exists for irrigation, as would be the case for example with a small river, then it should not be used for navigation (shipping), while if it exists for both matters, like the Nile and Tigris, it may be used for both.

任何人都不得将公共设施中的事物据为己有，比如牧场、清真寺和海洋。先知说：ﷺ

Also no one is allowed to designate for himself anything from the public utilities, like the pastures, Masjid and seas. The Prophet said:

“除安拉和祂的使者之外，不存在禁保地（Hima）”，这段圣训由艾布·达乌德经阿斯阿布·本·扎萨马传述。阿拉伯人中禁保地的起源是：部落首领扎营于肥沃之地时，会让狗在一处高地上吠叫，狗声所及的四面八方范围，都会为他划为保护区，不允许他人将牲畜赶到其中放牧，而他自己仍可在其他地方与他人一起放牧。因此，禁保地（Hima）指的是被保护的地方，它不同于允许（Mubah）的地方。由此可见，伊斯兰禁止人们将公共之物圈占为己有、排斥他人。据此，这段圣训的含义是：除安拉和祂的使者之外，任何人都不得保护（供自己专用）这些属于全体穆斯林的事物，因为只有安拉和祂的使者才有权保护他们认为适当的任何此类事物。安拉的使者ﷺ正是依此行事，因而他划定了一些地方作为保护区。据伊本·欧麦尔传述：“先知ﷺ为穆斯林的战马保护了纳盖尔（Naqee'a）之地。”此载于艾布·欧拜德的《财产之书》（Al-amwal）。纳盖尔是一处名为纳盖尔的地方，即一片被水浸透、因而肥沃的土地，距离麦地那二十法尔萨赫（一种长度单位）。于是人们被禁止在这片荒地上定居，使牧草得以生长，并允许特定的牲畜群在此放牧，而其他牲畜则被禁止。

“There is no seclusion (Hima) except for Allah and His Messenger,” narrated by Abu Dawud through Ass’ab ibn Jathama. The origin of seclusion (Hima) to the Arabs was that their chief, when he camped in a fertile place, would let a dog bark at the top of a high place, and wherever the voice of the dog reached on all sides, that area would be protected for him, and no one would be allowed to send his cattle (flock) to graze inside it, while he was still able to graze his flock with other people in other places. So the sanctuary (Hima) is the protected place, and it is different from the allowed (Mubah) place. Thus, Islam prevented people from secluding any of the public things for their own use to the exclusion of the others. Accordingly, the meaning of the Hadith is that no one is allowed to protect (for one’s use) any of those things, which belong to all Muslims, except Allah and His Messenger, for only they have the right to protect any of these things they deem appropriate. The Messenger of Allah acted in accordance with this, so he protected some places. It is narrated from Ibn ’Umar, “that the Prophet protected the (land of) Naqee’a for the horses of the Muslims,” narrated by Abu Ubayd in the book of Al-amwal (properties) i.e. the Prophet protected a place called an-Naqee’a i.e. a land which was thoroughly soaked with water and was therefore fertile, it was 20 farsakh (a measure of length) from Al-Madina. So people were prohibited from inhabiting this dead (uncultivated) land, thus the pastures could grow, and special flocks were allowed to graze whilst others were prohibited.