When is the mortgagor permitted to move mortgaged livestock due to necessity?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
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.