What is the ruling when an exception of the whole amount is followed by another exception (stating 'three thousand dirhams, except three thousand, except two dirhams')?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The entire exception is void because the first exception ('except three thousand' from 'three thousand') constitutes an exception of the entirety, which is suspended if one pauses upon it. Since the second exception is contingent upon the first, its invalidity causes the invalidity of the first exception due to it being an exception of the whole.
Supporting text
There are three views among the Shafi'i scholars. The first view invalidates the entire exception because the first part failed as an exception of the whole, invalidating the second part as its derivative. The second view validates the exception, obligating one dirham, as the first exception failed, the second exception is then applied to the original declaration since the preceding term failed. The third view validates the exception, obligating two dirhams, because the exception of two dirhams from three leaves one dirham excepted from the declaration, and according to this view, an exception of the majority is valid. Al-Qadi aligns with this third view.