Is an executor (Wasi) liable if he mortgages mortgaged property (Rahn) belonging to the estate to settle the deceased's debt?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The executor who mortgages a part of the estate property to the creditor or another party to settle the deceased's debt is liable for the value. Liability is incurred because the executor was not authorized to mortgage the property, making his action similar to mortgaging it without any mandate to settle the debt. The right associated with the pledge (Rahn) attaches to the entire mortgaged item, meaning nothing can be released until the entire debt is paid, regardless of whether the item is divisible or not.