What constitutes a single genus (jins) for the purpose of Riba (usury) in meat?
Chapter on Riba (Usury) and Exchange (Sarf)
Al-Mughni
Book of Sales
Primary text
The apparent view of al-Khiraqi, supported by Abu al-Khattab, Ibn Aqil, Abu Thawr, and one opinion of al-Shafi'i, is that all meat is one genus because it shares a single name and Riba occurs within it. This implies that all meat is considered interchangeable like dates, provided the exchange occurs in kind (mithl). However, the stronger opinion, chosen by Ibn Aqil, is that meat constitutes different genera based on the difference in their origins, similar to how flours and breads derived from different primary ingredients are distinct genera. This stronger view holds that meat from camels, cattle, and sheep/goats are separate genera.
Supporting text
Al-Qadi Abu Ya'la rejects the view that all meat is one genus as a recognized narration from Ahmad. He posits that livestock (An'am), wild animals (Wuhush), fowl (Tayr), and water animals are distinct genera where disparity in exchange is permissible. He argued that meat types should be categorized into four genera, aligning with Malik's view which groups livestock and wild animals as one, resulting in three categories. Al-Qadi prefers the categorization into four genera based on differing utility and intent of consumption, but this is considered weak because it does not limit the categories to four and lacks analogy. Furthermore, Ahmad's statement in oaths regarding meat consumption (livestock or fowl or fish) implies that all meat is one genus, which conflicts with the stronger view classifying them by origin.