另一种所有权的取得方式，是个人在未给予替代财产或付出劳动的情况下，从他人财产中取得财产。此种方式包括五种类型。

Another means of ownership is that which the individuals take from the properties of others without giving an alternate property or an effort. This means includes five types.

1. 个人之间相互赠予的奖赏。这可以是在生前的赏赐与礼物，也可以是死后依遗嘱所给予的财产。An-Nisai和Ibn Ishaq在《先知传记》中记载，艾哈迈德的孙子'Amr ibn Shu'aib从其父、其祖父处传述：当Hawazin的使团来见先知ﷺ，请求他归还他们作为战利品所得的财产时，先知ﷺ说："属于我和'Abdul-Muttalib之子们的战利品归你们所有"，换言之，这是我对你们的赏赐。Ibn 'Asakir从Abu Hurairah处传述，先知ﷺ还说："你们之间相互赠送礼物，以使彼此相爱。"Bukhari从Ibn 'Abbas处传述，先知ﷺ说："我们不做恶的榜样；收回自己赏赐之物的人，就像狗把自己吐出的东西又吃回去一样。"在赏赐和礼物方面，异教徒与穆斯林并无区别。向异教徒赠送礼物是允许的，接受他所给的礼物与接受穆斯林所给的礼物相同。据传，Abu Bakr的女儿Asma说："我的母亲来看望我，那时她仍是一个多神教徒（Mushrik），她属于先知ﷺ与古莱什人所订立的盟约（侯代比亚和约）之内，于是我向先知ﷺ请示：'真主的先知ﷺ啊！我的母亲对我有爱，我可以送她礼物吗？'他ﷺ说：'可以。'"Bukhari传述，Abu Hameed As-Sa'idi说，Ayla的国王送给先知ﷺ一头白骡和一件长袍作为礼物。赏赐（Hiba）与礼物（Hadiyyah）是生前自愿让渡财产，而遗嘱财产（Wasiyah）则是死后自愿让渡财产。真主（SWT）说，

1. Rewards which the individuals give to each other. This could be in their lifetime such as a grant and a gift, or after their death such as the property of a will. An-Nisai and Ibn Ishaq narrated in the Seerah of the Messenger of Allah (pbuh) from ’Amr ibn Shu’aib from his father, from his grandfather that when the delegates of Hawazin came to the Prophet (pbuh) and asked Him to return to them the properties which He had gained from them as spoils, the Prophet (pbuh) said: “The spoils which belong to me and to the sons of ’Abdul-Muttalib are for you,” in other words they are a grant from me to you. Ibn’ Asakir narrated from Abu Hurairah that the Prophet (pbuh) also said: “Exchange gifts amongst yourselves so that you love each other.” It was narrated by Bukhari from Ibn ’Abbas that the Prophet (pbuh) said: “We do not set the bad example; the one who claims back his grant is like the dog which returns back its vomit.” There is no difference between a disbeliever and a Muslim concerning the grant and the gift. Granting a gift to the disbeliever is permitted and accepting that which He gives is like accepting that which a Muslim gives. It is narrated from Asma, daughter of Abu Bakr, who said: “My mother visited me while she was still a polytheist (Mushrik), included in the covenant which the Messenger of Allah (pbuh) had with Quraish (Treaty of Hudaibiyyah), so I consulted the Prophet, ‘O Prophet (pbuh) of Allah! My mother has love for me, should I give her a present?’ He (pbuh) said: ‘Yes.’” Bukhari narrated from Abu Hameed As-Sa’idi, who said that the King of Ayla gave the Prophet (pbuh) a white mule and a dress as a gift. As the grant (Hiba) and the gift (Hadiyyah) are the voluntary giving of property during the lifetime, the property of the will (Wasiyah) is the voluntary giving of property after the death. Allah (swt) says,

“你们中若有人临近死亡，且遗有财产，则为你们规定：应当为父母和近亲留下遗嘱。”{黄牛：180}

“It is prescribed for you, when one of you approaches death, if you leave wealth, that it be bequeathed unto his parents and relatives.” [Al-Baqarah: 180],

有记载称，布哈里传述：萨德·本·艾比·瓦卡斯说：“我曾在麦加病重，几近临终。先知ﷺ来探望我。我便说：‘安拉的使者啊，我有很多财产，除了我的女儿，没有别的继承人。我可以遗赠我财产的三分之二吗？’先知ﷺ说：‘不行。’我说：‘一半可以吗？’先知ﷺ说：‘不行。’我说：‘三分之一可以吗？’先知ﷺ说：‘三分之一已经很多了。让你的子女富足，好过让他们贫穷，向人乞讨。’”因此，人通过赠予、恩赐或遗赠的方式，便获得了所赠、所施或所遗之物的所有权。

It was narrated by Bukhari that Sa’ad ibn Waqqas said: “I was ill once in Makkah to the point I was approaching death. The Prophet (pbuh) came to visit me. So I said: ‘O Messenger of Allah, I have great wealth, and nobody inherits from me except my daughter. Can I bequeath two thirds of my property?’ He (pbuh) said: ‘No.’ I said: ‘Half of it?’ He (pbuh) said: ‘No.’ I said: ‘One third of it?’ He (pbuh) said: ‘The third is big (enough). It is better to leave your children rich than to leave them poor and begging from the people.’” Thus the person, by the means of the gift, the grant or the bequeathed property, is given ownership of the thing gifted, granted or bequeathed to him.

2. 因人身遭受伤害而应得的财产作为补偿，例如血金和伤害赔偿金。安拉（SWT）说：

2. Property due to a person as a recompense for a harm which had befallen him, such as the blood money and the wound money. Allah (swt) said:

“凡误杀信士者，应释放一名信士为奴，并向被杀者的家属缴纳血金。”[《妇女章》：92] 奈萨仪传述，先知ﷺ曾写信给也门人，并交由阿慕尔·本·哈兹姆带去，信中写道：“被杀者的血金为一百头骆驼。”关于伤害的赔偿金，奈萨仪转述自祖赫里，祖赫里转述自艾布·伯克尔·本·穆罕默德·本·阿慕尔·本·哈兹姆，其父转述自其祖父，说先知ﷺ曾写信给他，信中写道：“割掉鼻子、舌头、双唇、两个睾丸、阴茎、脊椎和双眼，都须支付血金。一条腿须支付半数血金。伤及头部内部（甚至刮破头皮）的伤口，支付三分之一血金；伤及腹腔内部或身体任何内部器官的伤口，支付三分之一血金。打断骨头的伤口，支付十五头骆驼。”故意杀人的血金，由凶手的继承人承担。伊本·马哲转述自阿慕尔·本·艾哈瓦斯，说先知ﷺ曾言：“犯罪者只为自己的罪行负责。”至于非故意杀人，例如看似故意实则非故意的杀人，或误杀，被杀者的继承人有权向凶手的近亲索取血金。布哈里转述自艾布·胡莱赖，他说：“胡戴勒部落的两名妇女发生争执，其中一人向另一人投掷石块，将其及其腹中的胎儿打死。她们向先知ﷺ申诉。先知ﷺ裁定，胎儿的血金为一名奴隶（男或女），并裁定该妇女的血金由其近亲（'阿基拉）承担。”“阿基拉”指承担“阿盖勒”的人。此处的“阿盖勒”即指血金。 "’Aqilah"包括杀人者的所有近亲：父亲、儿子、兄弟、叔伯（父亲的兄弟）及其儿子。如果杀人者没有’Aqilah，血金就从公库（Bait ul-Mal）中支付，因为先知穆罕默德ﷺ曾从公库中支付了在赫拜尔被杀的一位安萨尔人的血金。还有传述说，在欧麦尔时期，一个人在人群中被杀，凶手不明，于是阿里对欧麦尔说："信士的长官啊，穆斯林的血不可白流，所以请从公库中支付他的血金。" 至于伤害，例如头部或面部骨折，或割断（截去）身体的某个部位或一块肉，或使某项功能丧失，如使听觉、视觉或智力失能，若人遭受其中任何一种伤害，他便按照每个部位在每种情况下的详细规定，应获得相应的赔偿金。一个人从被杀者的血金、受损部位的赔偿金或丧失功能的赔偿金中所应得的那笔钱，便归他所有，成为他的财产。

“He who has killed a believer by mistake must set free a believing slave and pay the blood money to the family of the slain.” [An-Nisa: 92] An-Nisai narrated that the Prophet (pbuh) wrote a letter to the people of Yemen and He sent it with Amr ibn Hazm; it included “The blood money for the (killed) person is 100 camels.” With regards to the wounds money, An-Nisai narrated from al-Zuhri from Abu Bakr ibn Mohammed ibn ’Amr ibn Hazm from his father from his grandfather that the Prophet (pbuh) wrote to Him a letter saying: “The blood money is paid in case of the amputated nose, the tongue, the two lips, the two testicles, the penis, the spine and the two eyes. Half the blood money is paid for one leg. For the wound, which reaches inside the head (even scraping the scalp) one third of the blood money, and for the wound which reaches inside the stomach, or inside any member of the body one third of the blood money. In the wound which breaks the bones 15 camels.” The blood money for the one slain intentionally is due to his inheritors from the killer. It is narrated by ibn Majah from ’Amr ibn Al-Ahwas that the Prophet (pbuh) said: “The one who incurs a crime does that on himself only.” In case of the non-intentional killing, like the killing which appears like it is intentional or that committed by mistake, the inheritors of the slain are entitled to claim the blood money from the close relatives of the killer. Bukhari narrated from Abu Hurairah, who said: “Two women from Hudhail quarrelled; one of them threw a stone at the other and killed her and the embryo in her womb. They complained to the Prophet (pbuh). He ruled that the blood money for the women’s embryo was a slave (male or female), and He ruled that the blood money of the woman was for her close relatives (’Aqilah).” ’Aqilah means the one who bears the ’Aqal. ’Aqal here means the blood money. ’Aqilah includes all the close relatives of the killer, fathers, sons, brothers, uncles (fathers’ brothers) and their sons. If the killer has no ’Aqilah, the blood money is taken from the Bait ul-Mal because the Messenger of Allah (pbuh) paid the blood money of the Ansari who was killed in Khaybar from the Bait ul- Mal. It was also narrated that a man was killed in a crowd at the time of ’Umar and his killer was not known so ’Ali said to ’Umar, “O Leader of Believers, no blood of a Muslim is wasted, so pay his blood money from the Bait ul-Mal.” Regarding wounds such as the breaks (fractures) of the head or the face, or the cutting (amputating) of a member of the body or a piece of flesh or, the disablement of a faculty such as the disabling of hearing, sight and mind where one of these wounds occurs to a person, then He deserves money on these wounds according to the detailed rules of each member in each case. By means of the blood money due to a person from the blood money of the slain or for the damaged member or for the faculty disabled, this person owns that money or property.

3. 婚姻契约中应付给妇女的聘礼以及其他附加事项（如房屋、礼物），依照婚姻的详细规定归其所有。这笔财产并非一种利益交换，因为夫妻之间是相互给予利益（满足）的。它是依据沙里尔的明文而应得的。安拉（SWT）说：

3. The marriage money and other additional things (such as a house, gifts) of the marriage contract due to the woman are owned according to the detailed rules of marriage. This property is not an exchange of a benefit because the couples mutually exchange benefit (satisfaction). It is rather due through the Statement of Shar’ah. Allah (swt) said:

“并把聘礼作为赠予，给你们所娶的妇女”（〈妇女章〉：4）

“And give unto women (whom you marry) free gift of their marriage portions” [An-Nisa: 4],

即自愿地,并且通过支付真主(swt)所规定的应付款项。这笔钱是一份礼物,因为夫妻双方各自都享受着对方的陪伴。艾哈迈德记载了安斯的传述,他说:“阿卜杜勒·拉哈曼·本·奥夫穿着一件藏红花色的衣服,先知ﷺ便说:‘你是否深深地爱上了她?’他说:‘真主的使者啊,我已经娶了一位妇女。’先知ﷺ说:‘你给了她什么聘礼?’他说:‘一颗枣核重量的黄金。’先知ﷺ说:‘愿真主赐福于你。即使只用一只羊,也要办一次宴席。’” 4. 拾得物(Luqatah)。如果一个人拾到了失物,这件事需要加以考察。如果该物可以保存,并且可以向人描述,例如黄金、白银、首饰或衣物,而且它不在禁地(天房)范围之内,那么可以拾取并据为己有。这是根据艾布·达乌德记载的阿卜杜拉·本·阿慕尔·本·阿绥的传述:有人问真主的使者ﷺ关于路上拾到的失物,他说:“如果是在有人使用的道路或村庄里找到的,你必须将其特征公告一年。如果失主来了,它就是他的;否则它就是你的,而且你有义务像对待埋藏的宝藏一样(将五分之一上交国库)。”如果拾到的物品是在禁地内找到的,则不被视为拾得物,因为根据阿卜杜勒·拉哈曼·本·奥斯曼所传的圣训,真主的使者ﷺ禁止朝觐者拾取此类物品。在这种情况下,除了为失主保管之外,不允许拾取,因为真主的使者ﷺ说:“除了寻找它的人,任何人都不得拾取失物。”此段由布哈里记载。

i.e. willingly, and by taking the due money which Allah (swt) prescribed. This money is a gift, because each of the couple enjoys his partner. Ahmad narrated about Anas who said: “Abdurrahman ibn ’Awf was wearing a dress of saffron so He (pbuh) said: ‘Are you passionately in love?’ He said: ‘O Messenger of Allah, I have married a woman.’ The Prophet (pbuh) said: ‘What gift did you give to her?’ He said: ‘A date seed weight of gold.’ The Prophet (pbuh) said: ‘May Allah bless you. Make a feast even with one sheep.’” 4. The picked up property (Luqatah). If a person found a lost thing, the matter has to be examined. If the thing could be saved and be described to people such as gold, silver, jewellery or dresses, and it was away from the area of the Haram (the Ka’bah) then it is allowed to be picked up for possession. This is because of what Abu Dawud narrated from ’Abdullah ibn ’Amr ibn al-’As that the Messenger of Allah (pbuh) was asked about lost things picked up from the road and He said: “Whatever of it was found in a used road or a village, you have to announce its description for one year. If its owner came, it is his, otherwise it is yours, and there is duty on it as on hidden treasure (one-fifth to the State).” If the found thing was found in the Haram it is not considered Luqatah because the Luqatah of the Haram is prohibited according to what came in the Hadith narrated from ’Abdurrahman ibn ’Uthman that the Messenger of Allah (pbuh) forbade the Hajj (pilgrim) from picking such things. In that case it is not permitted to pick it except to protect it for its owner because the Messenger of Allah (pbuh) said: “No one is allowed to pick a fallen thing except the one who is looking for it,” as narrated by Bukhari.

如果所拾之物不是能够长期保存、不会变质的种类，例如甜瓜之类的食物，那么拾取者可以在两者之间选择：食用它并向失主支付其价值（如果失主找到），或者将其出售并保留其价款一年。这一切都是针对“拾遗”（Luqatah，即拾得之物）而言的，这类物品通常会被认领，因为它有价值，失主如果丢失了它，不会置之不理。如果是微不足道的东西，例如一颗水果或一口食物之类，那么拾取者无需公告其特征，可以立即占为己有。

If the found thing was not of the kind that can be saved as it will not remain suitable, like for example, food such as a melon and the like, then the person has a choice between eating it and paying its price to its owner if found, or selling it and keeping its price for one year. All this is in the case of Luqatah (a picked thing) which would usually be claimed as it has a value and its owner would not have ignored it if it was lost. If it was of the trivial things such as a piece of fruit or a piece of food (mouthfuls worth) and the like, He does not need to announce its description and He may own it at once.

5. 授予哈里发以及被视为从事统治工作之人的报酬。这并非作为他们工作的交换而给予，而是作为他们被禁止从事自身生意的补偿。这些统治者自接受之时起便拥有该财产，因为安拉（SWT）使其对他们为合法。艾布·伯克尔在被要求全力处理穆斯林事务、无法经商时，取了一笔财产作为补偿，圣门弟子们就此达成了一致（伊禁玛尔）。

5. Recompense given to the Khalifah and those whose work is considered to be ruling. This is not given to them in exchange for their work, but rather as a recompense for being prevented from practising their own business. These rulers own the property from the moment they take it because Allah (swt) made it Halal for them. Abu Bakr took a property as a recompense for being prevented from trading when He was asked to exert all of his effort in taking care of the Muslims affairs, and the Sahabah made Ijma’a on that.

这五种类型或财产——礼物、损害赔偿、婚姻财物、拾得物（Luqatah）以及给予统治者的报酬——在所有情况下，都不是以另一财产或某种付出作为交换而取得的。在这些情况下占有该财产，是合法的所有权途径之一，据此，占有者便拥有所取得的财产。

All these five types or properties, the gift, recompense for damage, marriage money, Luqatah and recompense to the rulers, in all cases are not possessed in exchange for another property or for an effort. Possessing the property in these cases is one of the legal means of ownership by which the person owns the taken property.