for if he forms that intention only after the oath has slipped from his tongue, it will avail him nothing, even if it follows immediately upon the oath. An example is his saying, “By Allah, I have not seen a man of Quraysh today,” intending a particular man, because he has seen other men of Quraysh. But if he says, “By Allah, I have seen a man of Quraysh today,” without any particular intention, and then, after completing the oath, mentally specifies a particular man, this will avail him nothing, even if the intention follows immediately upon the oath—unlike an exception.
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Exceptions are of two kinds: an exception that excludes no part of the whole, because it concerns something of a different kind; and an exception that excludes part of the whole, because it concerns something of the same kind. Scholars disagree over the validity of an exception that excludes no part of the whole; the sounder view is that it is valid. Allah, Mighty and Majestic, says:
“Tā Hā. We have not sent down the Quran to you to cause you distress” [Tā Hā: 1–2], “but as a reminder to those who fear Him.” [Tā Hā: 3]
And He says:
“It is not for a believer to kill another believer, except by mistake.” [al-Nisāʾ: 92]
Al-Nābigha said:
“No one is at the campsite, save what I see.”
An exception of this kind is understood to mean “but.”
Section
As for an exception that excludes part of the whole, it has two forms: one excludes the greater part of the whole, and the other excludes the lesser part. There are two opinions on the validity of excluding the greater part; the sounder view is that it is valid. The evidence for its validity is the saying of Allah Most High:
“By Your might, I will surely mislead them all” [Sād: 82], “except Your chosen servants among them.” [Sād: 83]
And His saying:
“Indeed, you will have no authority over My servants, except those of the misguided who follow you.” [al-Hijr: 42]
One of these two exceptions must exclude the greater part of the whole. As for excluding the lesser part, this is valid by agreement. It takes two forms: with a particle of exception, and without a particle of exception.