Who bears the financial responsibility for the maintenance of a mortgaged slave?

Chapter on Maintenance of Slaves

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 5 · Bab 4

Open in Qurani

Primary text

The maintenance of a mortgaged slave rests upon the mortgagee (the one holding the slave as collateral). This is supported by the ruling that the pledged item's yield belongs to the pledgor, but the guarantor bears the loss, and maintenance is linked to the loss. Furthermore, the slave remains the property of the pledgor, and its increase belongs to him, thus the maintenance liability falls on him, similar to an unmortgaged slave.