some scholars cite the fact that the elbows are included in washing in the words of Allah, Exalted is He: “and your hands up to the elbows” [Quran 5:6], because the word “from” is not mentioned. Thus, when He said, “up to the elbows,” without mentioning the beginning of the limit, the endpoint was included.
It should be said, however, that matters of acknowledgements are referred to customary usage, not to what the language strictly entails. Acknowledgements are based on what people customarily understand in their usage and speech. We have previously mentioned in the Book of Oaths and the Book of Wills that customary usage takes precedence over the literal linguistic meaning. Thus, if it is people’s custom that, when someone says, “He is owed from me what is between one dirham and ten,” he means eight, then he owes eight. But if he says, “What is between one dirham and ten,” meaning that he is unsure whether it is from one riyal to ten, then he owes only what the speaker specifically identifies. This frequently occurs: a person says, “I am not certain; he is owed something from me, but it is between one riyal and ten.” It may be one riyal, two, three, four, five, six, seven, eight, nine, or ten. In such cases, the matter is referred back to customary usage. Hence, if by his words, “from one dirham to ten,” he intended the sum total of the numbers, he would owe fifty-five. Thus, the issue now rests upon what was intended and upon established custom; we have three levels: what he intended, what is established by custom, and then, after that, the literal linguistic meaning. This is the correct view in such matters.
His statement: “If he says, ‘He is owed from me one dirham or one dinar,’ he owes one of the two,” is because “or” denotes uncertainty and does not specify either of the two matters. The specification is therefore referred back to the one making the acknowledgement. For example, a man is asked, “What does so-and-so claim that you owe him?” He replies, “I do not know; it is either one dirham or one dinar.” We say: the specification is referred back to the one making the acknowledgement, and whoever