What is the ruling on exception when affirming liability for wrongful possession (ghasb)?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 7 · Bab 1

Open in Qurani

Primary text

If one states, 'I wrongfully possessed these slaves except for one,' and they all perish except one, the specification identifying the remaining one as the excepted one is accepted unanimously. This is because the claimant is entitled to the value of the perished items, so specifying the remainder does not lead to the nullification of the affirmation of liability for the perished ones, unlike the previous case.