2 – The element excluded must not be more than half of that from which it is taken. Were someone to say, “I owe him ten dirhams, except six,” the exception would be invalid and he would still owe the full ten.
Another view holds that this is not a condition; the exception remains valid even if the excluded amount exceeds half, in which case he would owe only four.
If, however, the speaker excludes the entire amount, the exception is invalid according to both opinions. Thus, if he says, “I owe him ten, except ten,” he remains liable for the whole ten.
This requirement applies only when the exception concerns a number. If it pertains to a description, the exception is sound even if it removes all or most of the original set. An example is the Almighty’s address to Iblis: “Indeed, My servants—you have no authority over them, except those who follow you among the deviant” (al-Ḥijr 15:42), and Iblis’s followers among the children of Adam are more than half. Likewise, if you said, “Give to everyone in the house except the wealthy,” and it turned out that all of them were wealthy, the exception would stand and none of them would receive anything.
Second: Among the attached delimiters is the condition (sharṭ). Linguistically, sharṭ means a sign; here it refers to suspending the existence or non-existence of something upon the clause introduced by the particle in (if) or one of its sisters. A condition specifies the general statement whether it precedes or follows it.
A preceding condition is found in His words about the polytheists: “But if they repent, establish the prayer, and give zakāh, then let them go their way” (al-Tawbah 9:5).
A delayed condition appears in His words: “And those who seek a contract of emancipation from among those whom your right hands possess—then draw up the contract for them if you know there is good in them” (al-Nūr 24:33).
Third: The qualifying attribute (ṣifah), which is anything—whether an adjective, an appositive, or a circumstantial qualifier—that conveys a meaning specific to some members of a general category.