Is mortgaging the bequeathed item considered revocation?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Mortgaging the bequeathed item is considered revocation because it attaches a right to it that permits its sale, making this action greater than merely offering it for sale.
Supporting text
An alternative view, attributed to some Shafi'i scholars, holds that mortgaging is not revocation because it does not remove ownership, making it analogous to leasing the property. Similarly, they hold that *kitaba* (contract of manumission) is not revocation under this reasoning.