Section: If he says: "This house is a gift to him," or "residence," or "loan," it is an acknowledgment of what he replaced his speech with, but it is not an acknowledgment of the house; because he removed with the end of his speech some of what had entered into its beginning, so it is valid, just as if he acknowledged a whole and excepted part of it. The Qadi mentioned a position regarding this, that it is invalid because it is an exception from other than the genus. This is not an exception, but rather it is an appositive (badal), which is permissible in the language. This type of appositive is called the appositive of inclusion (badal al-ishtimal), which is to substitute from a thing some of what that thing includes, such as His saying, the Almighty: {They ask you about the sacred month—fighting therein} (Surah al-Baqarah 217). He substituted "fighting" from the "month" that includes it. And He, the Almighty, said, informing about Moses, peace be upon him, that he said: {And none made me forget it except Satan—that I should mention it} (Surah al-Kahf 63); meaning, he made me forget the mention of it. If he says: "This house is one-third of it to him," or says: "its quarter," it is valid, and he is an acknowledger of the part which he substituted; this is the appositive of a part (badal al-ba'd), and this is not an exception. Similar to this is His saying, the Almighty: {Stand [to pray] the night, except for a little—half of it} (Surah al-Muzzammil 2-3). And His saying, Glorified is He: {And [due] to Allah from the people is a pilgrimage to the House—for whoever is able to find thereto a way} (Surah Ali 'Imran 97). However, it is in the meaning of an exception, in that it excludes from the speech some of what would have entered it otherwise, and it differs from it in that it is permissible for more than half to be excluded, and that it is permissible to substitute a thing from something else if it is included within it. Do you not see that Allah the Almighty substituted the one able to perform the Hajj from the people, while he is less than half of them, and substituted the fighting from the sacred month, while it is other than it? Whenever he says: "This house is for him as a residence or a loan," the ruling of that is established therein, and he has the right not to let him reside in it, and to retract what he lent him.