What is the ruling regarding treating mange (Jarab) on mortgaged livestock?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the livestock are afflicted with mange, the mortgagor is not prevented from applying substances expected to be beneficial without feared harm, such as light tar or oil. If harm is feared, such as from excessive amounts, the mortgagee can prevent the action.

Supporting text

The Qadi holds that the mortgagor may treat the livestock without the mortgagee's permission because he is treating his own property, but he cannot be compelled if he refrains. The mortgagee may treat the animal if the treatment is beneficial and not harmful to the property, but he is prevented if the treatment carries a risk to the property.