Is accepting the identification of the excepted item valid if the affirmed items perish?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the affirmed slaves perish except for one, and the person then specifies that remaining one as the excepted one, this identification is accepted according to one ruling cited by Al-Qadi. This view is also held by one position among the companions of Al-Shafi'i. This is accepted because the explanation of the excepted item during the affirmant's life is accepted even after their death when a meaning that existed during their life is still present. This is not considered revoking the affirmation but rather inability to deliver what was affirmed due to its destruction.
Supporting text
Abu Al-Khattab holds, according to a second ruling among the companions of Al-Shafi'i, that the explanation is not accepted because it effectively nullifies the entire affirmation. However, the correct view is that it is accepted.