What is the ruling on the narration of Ibn Umar concerning the exception of the sustenance (*ta'am*) of the *Qiyan*?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The narration that Ibn Umar sold the fruit for four thousand and excepted the sustenance of the *Qiyan* (female servants/singers) is interpreted to mean he excepted specific date palms amounting to the measure of the sustenance of the *Qiyan*. This interpretation is necessary because otherwise, it contradicts the prohibition of *Ath-Thunya* (unspecified exception) by the Prophet, peace be upon him, unless it is known. Furthermore, if the excepted item is unknown, the remaining portion must also be unknown, rendering its sale invalid, similar to saying, 'I sold you from this fruit the sustenance of the *Qiyan*.'
Supporting text
If the exception is interpreted as an unspecified measure of fruit, it would contradict the prohibition of the Prophet (peace be upon him) against an exception unless it is known.