as is the salt and water; for that is not intended in it and is desired for its benefit, so it is like salt in sesame oil. If the bread dries, is ground, and made into crumbs, it is sold for its equal by volume; because it is now possible to measure it by volume, it returns to its origin. Ibn Aqil said: There is another view, which is that it is sold by weight, because it has transitioned into that state. The second type is what contains other ingredients that are intended, such as harisah, khazirah (14), faludhaj, bread with spices, khushkananj (15), sanbusak (16), and the like. It is not permissible to sell some of it for some of it, nor to sell one type for another type, because each of them includes what is not of its genus, and it is intended, such as the meat in harisah, the honey and water in faludhaj, and the fat in khazirah. Disparity abounds in this, so equality is not verified. If equality is not possible in one type, it is even more so in two types.

Section: The ruling for barley and other grains is the same as the ruling for wheat. It is permissible to sell wheat and its manufactured products for other grains and their manufactured products, due to the lack of a requirement for equality between them. And Allah knows best.

711 - Issue; He said: (And all meats are one genus.)

He intended all meat, and he gathered it—and it is a generic noun—due to the difference in its types. The apparent meaning of al-Khiraqi's statement is that all meat is one genus, and Abu al-Khattab and Ibn Aqil mentioned this as a narration from Ahmad. This is the opinion of Abu Thawr and one of the two opinions of al-Shafi'i. Qadi Abu Ya'la denied that this was a narration from Ahmad and said: Livestock, game animals, birds, and aquatic animals are distinct genera in which disparity is permitted by a single narration; rather, there are two narrations regarding meat. One is that it is four genera, as we have mentioned. This is the school of Malik, except that he makes livestock and game one genus, so there are three categories according to him. The second [narration] is that they are distinct genera according to the difference in their origins, which is the opinion of Abu Hanifa and one of the two opinions of al-Shafi'i, and it is the more correct one; because they are branches of origins that are [themselves] distinct genera, so they are distinct genera, like flours and breads. This is the choice of Ibn Aqil. The choice of the Qadi is that they are four genera. He interpreted the statement of al-Khiraqi accordingly and argued that the benefits of the meat of these animals differ, as does the intent for eating them, so they are distinct genera. This is very weak because their being distinct genera does not necessitate restricting them to four genera, nor is there an analogue to this that it could be compared to. It is also not correct to interpret al-Khiraqi's statement accordingly because his wording does not permit it, and he expressly stated in [the chapter on] Oaths that if one swears not to eat meat and then eats meat of livestock, bird, or fish, he has broken his oath. Thus, it is necessary to interpret his statement in its general sense, that all meat is one genus because it shares the same name at the time the prohibition of riba occurs in it, so it is one genus, like a spadix. The correct view is that they are distinct genera according to the difference in their origins. This evidence is invalidated by Indian dates and barni dates, cane honey and bee honey, and so on. According to this, all camel meat is one category—its Bakhati (1) and its Arab breeds—and cattle, both Arab breeds and buffaloes, are one category, and sheep, both wool-bearing and goats, are one category. It is possible that they are two categories; because Allah the Almighty named them among the eight pairs, saying: "Eight pairs, of the sheep two and of the goats two" (2). So He distinguished between them, just as He distinguished between camels and cattle, saying: "And of the camels two and of the cattle two" (3). Game animals are categories: their cattle are one category, their sheep are one category, and their gazelles are one category, and every [animal] that has a specific name is a category. Birds are categories; every one that is distinguished by a name and a description is a category. Thus, the meat of one category is sold for the meat of another category with disparity or equality, and it is sold for its own type [only] while equal. Whoever considers them to be one category, it is not permissible according to him to sell meat for meat except while equal.