Is the pledgee permitted to utilize a mortgaged inanimate object (such as a house) that required maintenance, after the pledgee undertook the repairs?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

The pledgee is not permitted to utilize a mortgaged inanimate object, such as a house that fell into disrepair and was subsequently repaired by the pledgee, and the pledgee is not entitled to reimbursement for those repairs. This is because maintenance of the property is not obligatory upon the mortgagor, and therefore, no other party may assume this obligation on the mortgagor's behalf. If the pledgee undertakes such repairs, it is considered a voluntary act (tabarru'). This differs from animate beings, whose maintenance is obligatory upon the owner due to their inherent sanctity.