What does Alastthna alwday mean?

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Discover the meaning of the term Alastthna alwday (استثناء الوضعي) in Islamic vocabulary.

Definition Alastthna alwday

Alastthna alwday according to Al-Qamus al-Fiqhi

In technical usage: excluding part of what the word embraces (Ibn Hajar). With the Hanafis: speaking of the remainder after the suspension (ba'd ath-thunya) in consideration of the result of the whole compound, with negation and affirmation in consideration of the parts; the one who says 'he owes me ten except three' has two wordings: the long, which we mentioned, and the short: saying from the start 'he owes me seven', which is the meaning of their saying 'speaking of the remainder after the suspension', that is, after the exception. Or: excluding a thing from a thing, without which exclusion it would necessarily enter it; this covers continuous (muttasil) exception in its literal and legal senses, and discontinuous (munqati') exception in the legal sense only.

With the Hanbalis: turning the word, by the particle of exception, away from what it would require without it. Or: excluding part of what the excepted-from statement embraced. With al-Raghib al-Isfahani: lifting what a prior generalization required; in the Qur'an: 'say: I find not in what is revealed to me anything forbidden to an eater who feeds on it, except it be carrion, or poured-out blood, or swine flesh, for it is foul, or an abomination consecrated to other than God' (al-An'am, 145).

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