Can the mortgagor utilize the usufruct of a pledged slave?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the pledged asset is a slave, the mortgagor is permitted to derive benefit from him through the labor of others. This is based on the principle that usufruct belongs to the mortgagor and is not encompassed by the pledge, nor is the pledgee's right attached to it.

Supporting text

There is a difference of opinion on whether the mortgagor can utilize the slave's labor himself.