How is an oath restricting the consumption of a general category item, specified by a common but partial action, interpreted (e.g., eating a 'head')?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swears not to eat a 'head,' the oath is broken by eating the head of any animal—livestock, game, birds, fish, or locusts—because these are heads both literally and customarily and are edible. This is supported by the view that eating the meat of rare animals like ostriches breaks an oath against eating meat. Similarly, swearing not to eat 'eggs' is broken by eating the eggs of any animal, whether common like chicken eggs or rare like ostrich eggs, based on the view of Al-Shafi'i, as they are all eggs literally and customarily and are edible.
Supporting text
Abu Al-Khattab holds that the oath is only broken by eating the head of an animal customarily sold separately for consumption. Al-Shafi'i limits it to livestock heads unless the local custom is to sell game heads separately. Abu Hanifa excludes camel heads because they are not customarily sold alone. His companions restrict it only to sheep heads sold in markets. The Aṣḥāb al-Ra’y say ostrich eggs do not count. Abu Thawr only counts eggs sold in the market. Regarding fish or locust eggs, Al-Qadi holds the oath is broken as they are animal eggs, like ostrich eggs. Abu Al-Khattab (Shafi'i, Abu Thawr, Aṣḥāb al-Ra’y) holds that the oath is only broken if the egg is laid separately from the oviparous animal while it is alive, as eggs not mentioned with an explicit qualifier are generally understood to be those laid separately.