Chapter: If one swears not to eat food (qut), and he eats bread, dates, raisins, meat, or milk, he violates his oath, because each one of these is used as a staple food (yuqtatu) in some lands. It is possible that he does not violate his oath unless he eats what the people of his own land use as staple food, because his oath is directed toward the staple food recognized by them and in their land. The followers of al-Shafi'i have two views similar to these. If he eats sawiq (parched barley or wheat flour), or consumes flour directly, he violates his oath because it is used as food in that way; for this reason, one of the thieves said:

Do not bake bread, nor prepare sawiq, And do not remain long in imprisonment.

If he eats grain whose bread is used as a staple food, he violates his oath, because it is termed a staple food; for this reason, it is narrated that the Prophet (may Allah bless him and grant him peace) used to store the staple food for his family for a year. And it is only grain that is stored. It is possible that he does not violate his oath, because it is not used as food in that state. If he eats grapes, unripe grapes, or vinegar, he does not violate his oath, because it has not become a staple food.

Chapter: If one swears not to own property (mal), he violates his oath by owning anything that is called property, whether it is currency or other things such as real estate, furniture, and livestock. This is the opinion of al-Shafi'i. From Ahmad, there is a narration that if he vows to give all his property in charity, his vow only includes the non-liquid assets (al-samit) of his property, as mentioned by Ibn Abi Musa, because the general term "property" is directed toward that. Abu Hanifah said: He does not violate his oath unless he owns property subject to Zakat, as a matter of istihsan (juristic preference), because Allah the Almighty said: "And from their wealth, there is a right for the beggar and the deprived" (Quran 51:19). Thus, it does not include anything except that which is subject to Zakat. Our position is that non-Zakat-eligible assets are also property; Allah the Almighty said: "...to seek [to marry] with your wealth" (Quran 4:24). It is something with which seeking marriage is permissible. Abu Talhah said to the Prophet (may Allah bless him and grant him peace): "My most beloved property to me is Bayruha'," meaning a garden. Umar said: "I acquired land in Khaybar; I have never acquired property more precious to me than it." Abu Qatada said: "I bought a makhraf (orchard), and it was the first property I ever established." In the hadith: "The best of property is a branded mare or a fruitful horse." It is said: "The best of property is a flowing spring on soft land." And because it is called property, he violates his oath by it, just like Zakat-eligible property. As for His saying: "And from their wealth, there is a right..." the "right" here is other than Zakat, because this Surah is Meccan, and it was revealed before the obligation of Zakat, for Zakat was only obligated in Medina. Furthermore, even if the right were Zakat, there is no proof in it, for if a right exists within a portion of property, it is within the property, just as whoever is in a room within a house or a town is within the house and within the town. Allah the Almighty said: "And in the heaven is your provision and whatever you are promised" (Quran 51:22). It does not necessitate that it be in all its regions. Then, if this implied...