What is the ruling if one states, 'I owe him a thousand, except fifty dirhams'?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person states, 'I owe him a thousand, except fifty dirhams,' then the entire amount, including the thousand, is considered to be dirhams. This is the chosen opinion of Ibn Hamid and Al-Qadi, and it aligns with the view of Abu Thawr, resting on the principle that exceptions in affirmation must be of the same genus as the principal amount.
Supporting text
According to the view of Al-Tamimi and Abu Al-Khattab, the person who stated the amount is questioned regarding the thousand; if they interpret it as being of a genus different from dirhams, the exception becomes void. According to the opposing view (Ibn Hamid/Al-Qadi), one examines the excepted amount; if it is equal to or greater than the excepted-from amount, the exception is void; otherwise, it is valid.