Is the tail fat (Aliyah) considered meat for the purpose of an oath restricting meat consumption?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 8 · Bab 1

Open in Qurani

Primary text

Consuming the tail fat does not break an oath against eating meat, according to the primary reading of Al-Kharqi's text, as it is not called meat and differs from flesh in texture, melting point, and taste, similar to belly fat. The fat mixed within the lean muscle that melts upon heating, which accompanies the meat, is considered part of the meat itself and breaks the oath if one swore to avoid meat.

Supporting text

Some Shafi'i companions argue that the tail fat breaks the oath because it grows within the meat and resembles it in hardness. Abu Yusuf and Muhammad consider it fat, not meat. Al-Qadi considers it meat, breaking the oath, but notes that one swearing not to eat fat is not held liable for eating this specific fat because it is not exclusively named 'fat' (it is sold with meat and its seller is called a butcher, not a fat seller).