1846 - Issue: He said: (And if he swears not to eat fat, and eats meat, he violates his oath; because meat is not devoid of fat).
The apparent meaning of al-Khiraqi's words is that fat is anything from the animal that dissolves with fire, and the apparent meaning of the verse and custom supports his statement. This is the apparent view of Abu al-Khattab, Talha, [and the statement of Abu Yusuf], and Muhammad ibn al-Hasan. Based on this, there is hardly any meat that is devoid of some of it, even if it is a little, so he violates his oath by it. The Qadi said: Fat is what is in the cavity, such as kidney fat or otherwise. If he eats anything from the sheep—from its red meat, white meat, tail, liver, spleen, or heart—our shaykh (i.e., Ibn Hamid) said: He does not violate his oath, because the name 'fat' does not apply to it. This is the opinion of Abu Hanifa and al-Shafi'i. The discussion has already preceded that back and flank fat is fat, so he violates his oath by it. As for if he eats red meat alone, in which no fat is apparent, the apparent meaning of al-Khiraqi's words is that he violates his oath because it is not devoid of fat, however small, and it appears during cooking, as it becomes visible on the surface of the broth even if it is little. By this, it differs from one who swears not to eat ghee and then eats a khabis (sweet dish) in which there is ghee that [does not have its taste or color apparent, for this is where the] grease may appear in it. Others among our companions besides al-Khiraqi said: He does not violate his oath. This is the correct view, because it is not called fat, and neither its taste nor its color is apparent in it. That which appears in the broth has separated from the meat, so he does not violate his oath by eating the meat that contained it.
Section: He violates his oath by eating from the tail, according to the apparent statement of al-Khiraqi and those who agree with him; because it is fat that dissolves with fire and is sold with fat, and is not sold with meat. According to the view of the Qadi and those who agree with him, it is neither fat nor meat, so one who swears to refrain from it does not violate his oath.
1847 - Issue: He said: (And if he swears not to eat meat, and he does not intend a specific meat,)
(1) In M: "alla". (2) In M: "fadhahir". (3) In M: "wa qala bihi". (4) Omitted from M. And [it] will be omitted from A and B: "qad". (1) In M: "wa idha". (2) In M: "alla".