Does consuming prohibited meat (e.g., carrion, swine, usurped meat) break an oath against eating meat?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Consuming forbidden meat, such as that of carrion, swine, or usurped meat, breaks the oath. This is the position of Abu Hanifa. The evidence is that such substance is genuinely meat according to both reality and common usage, and the Quran explicitly names swine flesh as 'meat' (Quran 2:173). Just as one breaking an oath not to wear a garment is liable for wearing silk, consuming this meat breaks the oath.
Supporting text
A view from Al-Shafi'i suggests that the oath is not broken by consuming something intrinsically unlawful because the oath is directed toward what is permissible, not what is forbidden. They compare this to swearing not to sell, where a void sale does not constitute a breach, arguing that intrinsically forbidden items are not legitimate objects of the oath.