Must the mortgagor treat a sick mortgaged slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the mortgaged slave falls ill and requires medicine, the mortgagor is not compelled to provide treatment. This is because treatment is only necessitated for the slave's survival, and healing may occur without intervention. This differs from maintenance (Nafaqa).
Supporting text
If the mortgagor wishes to treat the slave with something that poses no harm, he is not prevented. However, if the intended medicine carries a risk of severe consequence, such as poisons, the mortgagee can prevent the treatment because they cannot be assured of the slave's survival.