Under what circumstances can a party be compelled to cut the mortgaged fruit?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If cutting causes a significant depreciation in the fruit's value, the party refusing to cut cannot be compelled to do so, as this constitutes destruction, similar to not being compelled to demolish a house to sell its rubble or slaughter a horse to sell its meat.
Supporting text
If the fruit cannot be beneficially used before it is fully ripe, it is not permissible to cut it prematurely, nor can the owner be compelled to do so under any circumstances.