“渠破水讁”考

Textual Study on "Punishment for the Canal Damage"

"渠破水讁"是吐鲁番出土文书(特别是高昌国至唐前期的契约文书)中的一个术语,意思是:水渠损坏因而导致水流失而遭致的处罚。吐鲁番出土文书中又有"渠破水?"、"渠破水"、"渠破水",其义均同"渠破水讁";又有"水罸",即因水流失而遭致的处罚;"水讁麦"即因水流失而应该交纳麦子的处罚;"水罸钱"即对百姓不注意修理沟渠而导致的渠破失溉或对违反取水条例擅溉自田者而征收的罚钱。对于"渠破水讁"以及"水讁麦"的训释,还有不同结论,杨际平等学者则认为"渠破水讁"是水课,"渠破"的目的是为了溉田,往往要征收实物,征收水讁麦由屯田机构负责。韩国磐则释为如果渠破水失,必然导致田地荒芜,故规定这事由耕者负担。孟宪实则认为高昌人用"水谪麦"并非是盗水罚粮,而是一种合法的交换,政府以水,而农民以粮。

＂ Punishment for the canal damage＂ is a term in the text excavated in Turpan （especially in the contract text from Gaochang to the Early Tand Dynasty） , which means the punishment for the canal damage causing the loss of water. In the text excavated in Turpan, there are three other terms with the same meaning. There are also ＂ water punishment＂ , i.e. punishment for the loss of water; ＂ water punishment with wheat＂ , i.e. punishment of offering wheat for the loss of water; ＂ water punishment with money＂ , i.e. punishment for ignoring canal damage to cause dis- asters or for disobeying the water regulations. As for the explanation of these terms, there are different conclusions. Scholars like YANG Ji -ping believe that ＂ punishment for the canal damage＂ is the water regulation, the purpose of which is to irritate the field. It is the responsibility of the field administration. HAN Guo - pan interprets that if the canal is damaged, it will cause the desert of the land, thus it is responsibility of the farmers. MENG Xian - shi believes that ＂water punishment with wheat＂ is not punishment for stealing water, but a legal transaction between the water of the government and the wheat of the farmers.