The third category:

This concerns statements made by different speakers whose intentions need not coincide. For example, two witnesses testify that an entire house belongs to Zayd, while two others testify that a particular part of it belongs to ‘Amr. These two sets of testimony conflict concerning that part. No one says that the general testimony should here be construed in light of the specific testimony. Someone once erred in a case of this kind, thinking that the two sets of testimony could be reconciled because this was a matter of general and specific wording, just as others erred concerning the second category by treating it as belonging to the first.

Those whose hearts Allah has illuminated distinguish between these three categories and recognize that the distinction between them is firmly rooted in everyone’s natural understanding. The distinctive role of scholars is simply to make explicit what is implicit. Even if we concede that the initial wording is general or unrestricted, it has been directly joined to wording that qualifies it and limits its scope. All rational people agree that wording of this kind is qualified and limited in scope, neither general nor unrestricted.

There is thus a difference—may Allah set you right—between completing a general, unrestricted statement and then falling silent, after which an implication with a specific or qualified scope conflicts with it, and directly joining that statement to wording that qualifies it and limits its scope. Do you not know that all rulings rest on this distinction? If someone swears an oath, remains silent for a long time, and then appends an exception, a coordinated phrase, a qualification, or something else of that kind, it has no effect.

For example, suppose he says, “By Allah, I will not travel,” then remains silent for a long time before saying, “If Allah wills”; or says, “To such-and-such a place”; or says, “Nor will I marry”; or says, “I will not travel on foot.” The oath is not qualified by any of this.

Likewise, if he swears on one occasion, “I will not travel,” and then swears on a second occasion that he will not travel on foot, no restriction would thereby be imposed