What is the ruling on the mortgagor disposing of the pledged item before the pledgee takes possession?

Primary text

If the mortgagor disposes of the pledged item through gift, sale, manumission, using it as *mahr* (dower), or creating a second mortgage before the pledgee takes possession, the first mortgage becomes void. This invalidity holds whether the gift, sale, or second mortgage was possessed or not. This invalidity occurs because the mortgagor has removed the possibility of recovering the debt from the sale proceeds or performed an act indicating this intent. However, if the mortgagor agrees to manumission (*tadbir*), rents out the slave, or marries the female slave, the mortgage does not become void, as these actions do not prevent the sale, and thus do not prevent the validity of the mortgage. Furthermore, these actions do not prevent the initial establishment of the mortgage, so they do not cut off its continuation, similar to the item remaining in use by the owner.