Do the increments (Nima') and yields of the mortgaged property enter into the pledge?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
All increments and yields of the mortgaged property remain subject to the pledge in the possession of the person holding the original pledge, just like the principal item. If the property must be sold to satisfy the debt, the increment is sold along with the principal. This includes attached increments, such as fat, learning, and non-attached increments, such as earnings, rent, offspring, fruit, milk, wool, and hair. This position is supported by Al-Nakh'i and Al-Sha'bi.
Supporting text
Al-Thawri and the Companions of Ra'y hold that increments follow the pledge, but earnings do not follow because earnings are treated similarly to writing contracts (Kitabah), manumission of a mother (Istilad), and disposition upon death (Tadbir), and thus do not follow the pledge like the actual assets owned by the pledgor. Malik stated that only offspring follow the pledge, excluding other increments, because offspring follow the principal in established rights, similar to the offspring of an 'Umm Walad' (a female slave who bore the master's child). Al-Shafi'i, Abu Thawr, and Ibn Al-Mundhir maintain that no non-attached increments or earnings enter into the pledge because they are rights attached to the principal, satisfied from its price, and therefore do not extend to anything else, similar to the right resulting from a bodily injury (Jinayah). Al-Shafi'i further stated that if fertile livestock are mortgaged and produce offspring, the offspring are excluded from the pledge, contrary to Abu Thawr and Ibn Al-Mundhir.