May the mortgagor (Rahin) repair and maintain the pledged item?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The mortgagor is permitted to repair the pledge, avert damage from it, and treat it medically if needed. If the pledge is livestock requiring breeding by a stud (Fahl), the mortgagor may do so because it benefits and increases the value of the pledge, which is an increase benefiting the mortgagee without harm. This ruling is supported by Malik, Al-Shafi'i, Al-Anbari, and Ishaq.