Rarity and the rare case (nadira)

النُّدْرَة

Nadira, in the lexicon, is the falling away or the rare appearance of a thing; in the usage of the jurists, the rare case is one that is seldom found, even if it does not contradict analogy, and the anomaly (shadhdh) is one that does. The rule in law is to follow the common case, but the law sometimes sets aside the common case out of mercy, as in the child born in six months and the sandal and mat, and sometimes sets aside both, as in the testimony of children in property. A rare case that persists joins the common one; the Zarkashi divides cases where a rare case joins the common one into four. There are cases in contracts of salam, partnership and waiting periods, and the Malikis treat a rare find of metal as subject to the fifth. ^{1 2 3 4 5 6 7}