al-Hasan. Ibn Abi Musa said: There are two narrations regarding it. Al-Khiraqi chose its validity, because the measure of one of them is known from the other, and one of them is used to express the other. For a group [of people] call nine dirhams a dinar, while others call eight dirhams (11) a dinar. Thus, if he makes an exception of one from the other, it is known that he intended to use one to express the other. Therefore, if he says: "I owe him a dinar except three dirhams" in a place where a dinar is used to express nine, its meaning is: "I owe him nine dirhams except three." Whenever (12) it is possible to interpret speech in a valid way, it is not permitted to render it void, and since it is possible [to interpret it] in this manner, it is necessary to uphold its validity. Abu al-Khattab said: There is no difference between currency (ayn) and silver (wariq) and other things; thus, the validity of excepting one from the other necessitates the validity of excepting garments and other things. We have already mentioned the distinction. It is possible to reconcile the two narrations by interpreting the narration of validity as applying to cases where one of them is used to express the other or its measure is known from it, and the narration of invalidity as applying to cases where that is absent. And Allah knows best.

Section: If he mentions a type of a genus and makes an exception of another type from that (13) genus, such as saying: "I owe him ten sa' of Barni dates, except three [sa'] of Ma'qili dates," it is not permitted, due to what we mentioned in (14) the first section. This differs from [the case of] currency and silver, because the value of one type is not known from the other, nor is one used to express the other. It is possible, according to the opinion of al-Khiraqi, that it is permissible, due to the proximity of the objectives of the two types, as they are like currency and silver. The first [opinion] is more correct, because the valid (15) cause in the case of currency and silver is something else.

Section: As for the exception of some of what was included in the object of the exception, it is permissible without any disagreement that we know of, for that is [a common practice] in (16) the speech of the Arabs, and it has occurred in the Book and the Sunnah. Allah the Almighty says: "So he remained among them a thousand years except fifty years" (17). And He said: "So the angels prostrated, all of them entirely (30) except Iblis" (18). And the Prophet, peace and blessings of Allah be upon him, said regarding the martyr: "All his sins will be expiated except debt" (19). This is frequent in the Book and the Sunnah, and in all the speech of the Arabs. Thus, if one acknowledges something and makes an exception from it, he is an acknowledger of the remainder after the exception. If he says: "I owe him a hundred except ten," he is an acknowledger of ninety; because the exception prevents the entry into the expression of that which, if not for it, would have entered, for if it had entered, it would not (20) have been possible to exclude it, and if he had acknowledged the ten excluded, his denial of them would not have been accepted from him. The saying of Allah the Almighty: "So he remained among them a thousand years except fifty years," is an informing of nine hundred and fifty. The exception clarifies that the fifty excepted are not intended, just as specification clarifies that the specified is not intended by the general expression. If he says: ["This house is for Zayd (21) except this room," he is an acknowledger of what is besides the room of it. Likewise, if he says] (22): "except a third of it," or "a quarter of it," it is valid, and he is an acknowledger of the remainder after the exception. Likewise, if he says: "This house is his, and this room is mine," it is also valid; because it is in the meaning of an exception, due to his having removed some of what was included in the first expression through connected speech. If he says: "These slaves are for him, except this one," it is valid, and he is an acknowledger of whoever is other than him among them. If he says: "except one," it is valid; because an acknowledgment is valid even if vague, and therefore the exception from it is also [valid], and reference is made regarding...