and spleen, lung, heart, tripe, intestines, gizzard, and the like. This is the position of al-Shafi'i. Abu Hanifa and Malik said: He violates his oath by eating all of this, because it is meat in reality, and that which is made from meat can be made from it; thus it resembles the meat of the thigh. Our evidence is that it is not called meat, and it is distinguished from it by its name and its nature. If he ordered his agent to buy meat and he bought this, he would not be complying with his command, nor would the purchase be valid for the principal; thus, he does not violate his oath by eating it, just as with vegetables. Evidence that the liver and spleen are not meat is the statement of the Prophet (peace and blessings of Allah be upon him): "Two types of dead animals and two types of blood have been made lawful for us; as for the two types of blood, they are the liver and the spleen." We do not concede that it is meat in reality; rather, it is from the animal alongside the meat, like bone and blood. As for if he intended to avoid fatty substances, he violates his oath by eating fat, because it has fat content, and likewise marrow and everything that contains fat.

Section: He does not violate his oath by eating the tail fat (aliyah). Some of the companions of al-Shafi'i said: He violates his oath, because it grows within the meat and resembles it in firmness. This is not correct, because it is not called meat, nor is the purpose for it the same as the purpose for meat, and it differs from it in color, melting point, and taste; thus, he does not violate his oath by eating it, just like abdominal fat. As for the fat that is on the back and the flank and in between the layers of meat, he does not violate his oath by eating it, according to the apparent statement of al-Khiraqi, for he said: Meat is not free of fat. He is referring to that which is mixed with the meat, which fire melts, and this is such. This is also the position of Talha al-'Aquli. Among those who said this is fat are Abu Yusuf and Muhammad. The Qadi said: It is meat, and he violates his oath by eating it, and he does not violate his oath by eating it if one swears not to eat fat. This is the madhhab of al-Shafi'i, because it is not called fat, nor is its seller called a shahham (fat seller), nor is it separated from meat when it is with it, and its seller is called a lahham (butcher), and it is called fatty meat. If he appointed an agent to buy meat and the agent bought it, it is binding upon him, whereas if the agent bought it in [fulfilling an order] to buy fat, it would not be binding upon him. Our evidence is the saying of the Almighty: "And of the bovine and the ovine, We have forbidden their fats, except that which their backs bear or the entrails or what is mixed with bone." And because it resembles fat in its nature and its melting.