Is the exception (Istithna) of the entire stipulated amount valid?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The exception of the entirety of what was stipulated in an acknowledgement or contract is invalid without dispute. This is because exception is meant to negate a part of what the statement encompassed, and negating the whole renders the preceding statement completely void and useless. Examples where this lack of validity applies include stating: 'I owe him one dirham and one dirham, except one dirham,' or 'three dirhams and two dirhams, except two dirhams,' or 'three and a half, except half a dirham,' or 'except one dirham.' In all such cases, the exception is invalid, and the entirety of what was acknowledged prior to the exception becomes due. This is the view of Al-Shafi'i and is implied by the Madhhab of Abu Hanifa.
Supporting text
There is an alternative view which holds that the exception is valid. This is supported by the principle that the conjunction 'wa' (and) groups the stated numbers together, making the coupled statements function as a single clause. Furthermore, the rule holds that when an exception follows clauses connected by 'wa', the exception reverts back to all preceding clauses. This is illustrated by the Quranic verses regarding the accusers, where the exception {Except those who repent} (Quran 24:5) is understood to apply to both preceding clauses, and by the Prophet's saying concerning not sitting upon someone's honored seat except by permission, implying the exception applies comprehensively.