Abu Ghanim Bishr ibn Ghanim al-Kharasani
said:
"I said: 'A man said to his wife:
"If you eat meat, then you are divorced." So she ate fish!'
He said: 'Then she is divorced.'
I said: 'Why? He swore: "If she ate
meat." And fish is different from meat?'
He said: 'Meat is flesh, and fish is from
flesh, and it is meat. Allah Almighty called it as "meat" in His
Book. Allah, the Exalted, said:
{وَهُوَ الَّذِي سَخَّرَ الْبَحْرَ
لِتَأْكُلُواْ مِنْهُ لَحْماً طَرِيّاً}
"And He it is Who disposed the sea,
that you may eat from it fresh meat" [16:14]
He means by that is "the fish". Allah
called it as "meat".'
I said: 'Some people say: "There is no
breaking of the oath against him, unless his wife eats what is generally agreed
upon as meat." because meat among us is meat, and fish is fish, and fish among
us is not meat.'
He said: 'There is nothing in what they
say. And fish was called as "meat" in Allah's Book, as I mentioned to
you. And in our saying that he broke his oath because his wife ate what Allah
called as "meat".'"
Selected from: "Masterpieces of the Righteous
Predecessors" by Sheikh Nasser Al Sabi'ei.
Original reference: "Al-Mudawwanah".
Translated by: Bint Ibadh
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