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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 600Section

Translation · EN

and it is called grease, so it is fat, just like that which is in the abdomen. We do not concede that it is not called fat, nor that it is called meat in isolation. Rather, the meat upon which it exists is called fatty meat. Its seller is not called a shahham (fat seller) because it is not sold in isolation; rather, it is sold as an appendage to the meat, and it is subordinate to it in existence and sale. Thus, its seller is called a lahham (butcher) and is not called a shahham, because he is named after the essence, not the appendage.

Section: If he eats broth, he does not violate his oath. Abu al-Khattab mentioned this. He said: It has been narrated from Ahmad that he said: I do not like eating broth. This is by way of piety. Ibn Abi Musa and the Qadi said: He violates his oath, because broth is not devoid of parts of meat dissolved in it, and it has been said: Broth is one of the two meats. Our evidence is that it is not meat in reality, nor is the name of meat applied to it, so he does not violate his oath by it, just like the liver. We do not concede that parts of the meat are in it; rather, it contains the water of the meat and its grease, and that is not meat. As for the analogy, what is intended by it is figurative, as in its counterparts, such as their saying: "Supplication is one of the two charities," and "A small family is one of the two states of ease." This is evidence that they are not meat, because he designated them as other than real meat.

Section: If he eats a head or a trotter, it has been narrated from Ahmad what indicates that he does not violate his oath; [because it has been narrated from him that which indicates that whoever swears not to buy meat, and buys a head or a trotter, does not violate his oath], unless [he intends not to] buy anything from the sheep. The Qadi said: This is because the application of the name "meat" does not encompass heads and trotters. If he appointed him as an agent to buy meat, and he bought a head or a trotter, it is not binding upon him, and the seller of that is called a rawwas (head-seller) and is not called a lahham. Abu al-Khattab said: He violates his oath by eating the meat of the cheek, because it is meat in reality. It is recounted from Ibn Abi Musa that he does not violate his oath unless he intends it by the oath. If he eats the tongue, there are two possibilities: one of them is that he violates his oath, because it is meat in reality. The second is that he does not violate his oath, because it is distinguished from meat by its name and its nature, so it resembles the heart.

Notes

(8) Omitted from M. (9) Omitted from B. [See] note. (10) In A, B, and M: "ra'san". (11) In M: "haqiqiyyah".

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