and the watercourses, or the produce of a specific plot.
Note: Each of the five expressions—muḥāqala, muzābana, mukhābara, mulāmasa, and munābadha—conforms to the morphological pattern mufāʿala.
• al-thunyā: the initial thāʾ (the letter with three dots) is read with ḍamma, followed by a nūn in sukūn, and ending with a yāʾ (single dot below); it is a clipped form on the pattern of dunyā. In law it denotes an exception clause inserted into a contract of sale. The term comes from thanā (“to return”), as though the seller were, by means of the exception, taking back part of the merchandise—yet the portion retained remains unspecified.
• “Unless its terms are fully known” refers exclusively to this thunyā; the exception must be clearly identified, as when one says, “I sell you these sheep except this one.”