Is it permissible to stipulate the invalidation of a contract for anything exceeding half of the subject matter?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
It is permissible to stipulate the invalidation of the contract if the excess beyond half of the subject matter is involved. This ruling aligns with the apparent position of Al-Khiraqi, as the ruling of invalidation is restricted to that which exceeds half, meaning the remainder is not the greater portion, thus it is permitted like the lesser portion.
Supporting text
It is not permissible to stipulate the invalidation of the contract for anything exceeding half. This view was mentioned by Abu Bakr because what is established in the discourse of the scholars only pertains to a small amount of the greater whole, and half is not considered a small amount.