What is the ruling when sexual intercourse (*watu'*) with the mortgaged property (a female slave, implied) occurs with the permission of the pledgee (*murtahin*)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If sexual intercourse is performed with the permission of the pledgee, the property is removed from the mortgage, and the pledgee has no claim over it. There is no known disagreement on this matter. If no pregnancy results, the property remains a pledge as it was. The permission to engage in intercourse is considered permission for its consequence, which is potential conception (*ihbal*), because intercourse inevitably leads to conception, and this outcome is not subject to the pledgee's will. Therefore, permission for the cause constitutes permission for the effect. If the pledgee grants permission and subsequently revokes it, the revocation is treated as if no permission was given.
Supporting text
If the parties disagree regarding the granting of permission, the statement of the one denying the permission is accepted.