What happens if the pledgee ransoms the slave after a tort, regarding repayment?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgee ransoms the slave with the mortgagor's permission, the pledgee returns to the mortgagor for reimbursement because the payment was made on his behalf with consent. If the pledgee redeems the slave voluntarily without seeking reimbursement, he recovers nothing. If the pledgee intends to seek reimbursement when redeeming voluntarily, there are two views based on the ruling regarding debt repayment without permission.
Supporting text
If the mortgagor stipulated the right of recourse upon redemption, the pledgee has the right to recovery unequivocally. If the pledgee repaid the debt with permission but without stipulating recourse, there are two views on reimbursement.