Authority to selectively thin out overcrowded mortgaged trees.

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the trees are too crowded and the preservation of what remains depends on cutting some down, the mortgagee is permitted to perform this necessary thinning. However, the mortgagee does not have the right to remove the entire cluster of trees, even if it is deemed superior for the preservation of the whole, due to the risk of losing the entire mortgage if the relocation fails.

Supporting text

There is a consideration that removing all trees for relocation might be preferable, but this is limited because if the relocation fails, the entire mortgage is lost.