What constitutes 'fruit' (Fakihah) when a person swears an oath not to eat fruit?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

Fruit encompasses every produce derived from a tree that is eaten for enjoyment (*yatafakahu bihi*). This includes grapes, fresh dates, pomegranates, quinces, apples, pears, peaches, apricots, citrons, mulberries, lotus fruits, bananas, walnuts, and sycamore figs. This view is held by Al-Shafi'i, Abu Yusuf, and Muhammad ibn al-Hasan. The evidence for this comprehensive inclusion is that these items are tree produce enjoyed for pleasure, aligning with common usage where sellers are called *fakahani* (fruit sellers) and their place of business is the fruit market (*dar al-fakihah*). The general principle in custom establishes the literal meaning. Specific mention (like dates and pomegranates) often occurs due to their honor and distinction, analogous to specific angels being mentioned after the general term for angels in the Quran (Quran 2:98).

Supporting text

Abu Hanifa and Abu Thawr hold that dates and pomegranates are excluded from the definition of fruit in this context, citing the Quranic verse: {In both are fruits, palm trees, and pomegranates} (Quran 55:68), based on the principle that an item connected by 'and' (*wa-aw*) is distinct from the item it is connected to.