making an exception (الاسْتِثْناء)
أصول الفقه الفقه العقيدة
التعريف :
Excluding a portion of a sentence by the use of illā, i.e. ‘except’, or a similar word, by the same speaker. It is the exclusion of what comes after from what came before that word.
المعنى الاصطلاحي :
Excluding some elements covered by a general phrase from its ruling by using special Arabic articles of exception, such as "illā" or the like.
الشرح المختصر :
"Istithnā’" (exception), in the terminology of jurists and scholars of "usool" (fundamentals of Fiqh), means making an exception explicitly or implicitly. 1. Explicit "istithnā’": is to make exception by excluding part of what the general wording of a ruling contains through the use of special Arabic articles of exception. 2. Implicit "istithnā’": is to make exception by excluding part of what the general wording of a ruling contains without the use of special Arabic articles of exception. A confessor, for instance, can say: "The house is his, and this part of it is mine." Such a statement is considered "istithnā’" because it has the same meaning and strength as saying: "The whole house is his except for this part." Jurists may also use "istithnā’" in chapters dealing with oaths and vows with reference to one's saying "In shā Allah" (Allah willing/if Allah wills) after taking an oath.
التعريف اللغوي المختصر :
"Istithnā’": folding something up. Original meaning of "thany": bringing together, separating. Other meanings: exclusion.