May the mortgagor remove gangrene (Aakilah) from the mortgaged property?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

The mortgagor may cut off gangrene because the fear lies in leaving it, not in cutting it, as the dead flesh is not felt. Furthermore, if experts advise that cutting it is more prudent and beneficial than keeping it, the mortgagor may proceed. If the fear of harm is equal in both states (cutting or leaving), the mortgagor cannot cut it, as that action introduces a new wound without a clear advantage in doing so.

Supporting text

If the experts deem cutting it as the most prudent course, the mortgagor may do so.