What is the ruling if the mortgagee was unaware of the child at the time of the mortgage contract but later discovered it?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the mortgagee did not know about the child during the contract and then learned of it, the mortgagee has the option to either reject the contract or uphold it. This is because the presence of the child constitutes a defect, as the slave cannot be sold without the child under certain circumstances. If the contract is upheld, the situation is the same as if the mortgagee knew the full circumstances at the time of contracting, and the mortgagee has no claim other than the slave herself.

Supporting text

If the mortgagee chooses to reject the sale, they have the right to rescind the sale, provided such a condition was stipulated in the contract.