Is it permissible to except more than half of an admitted debt?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
It is established within the madhhab that it is impermissible to except an amount exceeding half of the admitted debt. This view is attributed to Ibn Durustawayh, the grammarian. The opposing view, held by Abu Hanifa, Malik, Shafi'i, and their companions, is that exception is valid as long as the entirety of the debt is not excepted. They cite Quranic verses such as {By Your glory, I will surely mislead them all} [Sad: 82] followed by {Except Your sincere servants among them} [Sad: 83], and {Indeed, over My servants you will have no authority, except for those who follow you of the deviators} [Al-Hijr: 42], arguing that the exception implies validity even for the larger portion.
Supporting text
The counter-argument asserts that exception in the Arabic lexicon is only used for the lesser part of the whole, and excepting the majority is rejected linguistically. Abu Ishaq Al-Zajjaj stated that exception only occurs for a small portion of a large amount, and saying 'one hundred except ninety-nine' is not considered proper Arabic speech. Al-Qutaybi concurs, noting that one says 'I fasted the month except one day,' but not 'except twenty-nine days.' Furthermore, the proofs presented from the Quran are refuted by explaining that in the first verse, the excepted sincere servants are the minority, and in the second, the excepted deviators are also the minority, especially if the angels are included among the servants. Alternatively, the exception in the second verse is treated as a distinct qualification (istidrak) rather than a true exception, leaving the initial statement general.