How is an unqualified exception construed regarding prior allocations?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When a testator makes an exception without specifying whether it follows the specified bequest or the remaining portion, the majority of scholars hold that it refers to what remains after the specifically stipulated bequest ('after the share').
Supporting text
Muhammad ibn al-Hasan and the Basrans hold that the unqualified exception refers to what remains after the initial bequest (the portion designated for the legatee has been set aside).