Is the mortgage valid if the mortgaged fruit belongs to a debt currently due, and the second harvest, when it appears, is distinguishable from the first?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

The mortgage is valid if the mortgaged fruit relates to a debt that is immediately due, and the subsequently appearing second harvest can be clearly distinguished from the first.

Supporting text

If, in such a valid mortgage, delay occurs in cutting the first harvest until it mixes indistinguishably with the second, the mortgage does not become void because it was validly established initially. If the mortgagor permits the entire fruit to remain as collateral, or if both parties agree upon the specific portion representing the mortgage, this resolution is favorable. If a dispute arises regarding the quantity mortgaged, the statement of the mortgagor is accepted upon taking an oath, as they are denying the excess claimed, and the position of the denier is upheld.