Compare:
1. “I sell the orchard's fruit but keep 10 ratls.” This reserves weight from an undivided attached crop.
2. “I sell the existing fruit on the orchard's trees except the fruit on the clearly marked tree at the eastern edge.” A specified tree is excluded from the transaction from the outset.
Fath al-Qadir distinguishes the visible, identified exclusion from the uncertain weight reservation. This is about identification of what is excluded, not a blanket authorization of all exceptions.
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Kitab al-Buyu: Fruit Sales, Ripeness, Cutting and Reserved Quantities
Compare:
1. “I sell the orchard's fruit but keep 10 ratls.” This reserves weight from an undivided attached crop.
2. “I sell the existing fruit on the orchard's trees except the fruit on the clearly marked tree at the eastern edge.” A specified tree is excluded from the transaction from the outset.
Fath al-Qadir distinguishes the visible, identified exclusion from the uncertain weight reservation. This is about identification of what is excluded, not a blanket authorization of all exceptions.