What is the right of recourse for a pledgee who pays the debt without the pledgor's permission, claiming he did so with the intent of seeking recourse?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two reported opinions regarding whether the pledgee has recourse if he pays the debt without permission but with the intent of seeking recourse. Recourse is favored in this instance because the pledgee has the right to demand the release of his collateral (the slave) by paying the debt. This right makes recourse more likely.