that is made from milk. If he swears not to eat clarified butter (samn), and eats butter (zubd), milk, or anything made from milk other than clarified butter, he does not break his oath. If he eats clarified butter by itself, or in a porridge, sweet dish, or cooked food, and its taste becomes evident in it, he breaks his oath. Likewise, if he swears not to eat milk and eats a cooked dish containing milk, or does not eat vinegar and eats a cooked dish containing vinegar such that its taste is evident, he breaks his oath. This is the opinion of Al-Shafi'i. Some of his followers said: He does not break his oath because he did not consume it separately. This is incorrect, for he has eaten what he swore against, and added something else to it, so he breaks his oath, just as if he had eaten it and then eaten something else.

Section: If he swears not to eat barley (sha'ir) and eats wheat containing grains of barley, he breaks his oath, because he has eaten barley, and thus breaks his oath, just as if he swore not to eat fresh dates (rutab) and ate a munassaf. It is possible that he does not break his oath, because it is consumed within the wheat, so it resembles clarified butter in a khabis (sweet dish). If he intends by his oath not to eat barley by itself, or if the reason for his oath necessitates that, or necessitates eating barley whose effect is evident, he does not break his oath except by doing so, for the reasons we have presented.

Section: If he swears not to eat fruit (fakiha), he breaks his oath by eating everything called fruit, which is every produce that comes from trees that is eaten as a fruit, such as grapes, fresh dates (rutab), pomegranates, quinces, apples, pears, peaches, apricots, citrons, mulberries, nabq (jujube), bananas, and sycamore figs. This is the opinion of Al-Shafi'i, Abu Yusuf, and Muhammad ibn al-Hasan. Abu Hanifah and Abu Thawr said: He does not break his oath by eating the produce of palm trees and pomegranates, because of the saying of Allah the Almighty: "In both of them are fruit, palm trees, and pomegranates," (Quran 55:68), and what is conjoined is different from what it is conjoined to. Our argument is that both are the produce of trees that are eaten as fruit, so they are among the fruits, like the rest of what we have mentioned, and because they are considered fruit by custom.