Is the mortgagor's acknowledgment of sexual intercourse after the mortgage is finalized accepted against the mortgagee?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The mortgagor's acknowledgment of intercourse after the mortgage is finalized is accepted regarding the mortgagor's personal liability but is not accepted against the mortgagee because it amounts to an admission that invalidates a binding contract belonging to another party, similar to an acknowledgment made after she was sold. The sounder view maintains that an admission made by a person against the rights of another is not accepted.
Supporting text
There is a possibility that the acknowledgment is accepted because he is admitting something concerning his property where there is no suspicion of self-interest, as the loss to him (release of the mortgage) outweighs any gain.