When is the mortgagor permitted to move mortgaged livestock due to necessity?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the current grazing area becomes barren and the livestock cannot sustain itself there, the mortgagor is permitted to travel with it due to necessity, as its perishing is imminent otherwise. This relocation must occur under the custody of an arbiter mutually acceptable to both parties or appointed by the judge; the mortgagor cannot act alone in this relocation. If the mortgagor refuses to move the livestock in such a dire situation, the mortgagee may transport it, as allowing it to remain results in its destruction and the loss of the mortgagee's right in the collateral.