Is it permissible to separately mortgage new growth or trees planted on mortageable land?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
There are two established narrations regarding the validity of separately mortgaging new growth or trees planted on land whose original composition cannot be legally mortgaged. One narration states that such a mortgage is valid because the growth is considered distinct (*talq*). The second narration holds that it is impermissible because the growth is merely an accessory to the land that cannot be mortgaged, similar to the foundations of walls.
Supporting text
If such new growth or trees are mortgaged along with the land, the mortgage on the land is void. Whether the mortgage on the trees and construction remains valid follows the same two narrations concerning separation of the transaction (*tafriq as-safqa*).