The legal implication of specifying part of a general term in an endowment declaration.

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 2 · Bab 1

Open in Qurani

Primary text

Specifying a part of the category designated by a general term (like naming two sons out of three) constitutes a substitution (badal) that restricts the ruling to the specified part. This is evidenced by the usage in Quran 3:97, where the obligation of Hajj is specifically restricted to those who are able ('mustati'een'). Similarly, in linguistic constructions like 'I struck Zayd's head' or 'I saw Zayd's face,' the action is restricted to the specified part. This principle applies here, meaning only the named sons benefit directly.

Supporting text

The specification does not carry the meaning of mere emphasis or confirmation (ta'kid), which is the effect of conjoining a specific term after a general one (as seen in Quran 2:98). Furthermore, Ahmad's statement that 'they are partners' is understood to apply to the children of the sons, meaning the children of the two named sons and the children of the unmentioned son share because of the general term used by the endower regarding their lineage.