What is the effect if the mortgagee states, 'I have relinquished my right from that compensation'?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the mortgagee states, 'I have relinquished my right from that compensation,' it is waived because doing so benefits the mortgagor and does not harm him.

Supporting text

If the mortgagee states, 'I have relinquished the Arsh,' or 'I absolve [the perpetrator] from it,' it is not waived because the Arsh is the property of the mortgagor, and it cannot be waived by someone else waiving their right. There are two differing opinions on whether the mortgagee's right itself is waived by such a statement: one view, held by Al-Qadi, is that it is waived because it implies waiving his right and the mortgagor's right together; the second view is that it is not waived because the pardon and absolution regarding that compensation are invalid, hence what it implies is also invalid.