To whom does the profit from mortgaged property belong: to the mortgagor or the mortgagee, and what is the reason?
The growth of a mortgaged item belongs to the mortgagor, by agreement of the jurists, whether it is connected growth, like the fattening of an animal, or separate growth, like offspring and fruit. However, they differed on whether this growth is included within the mortgage. The Hanbalis are of the view that it is included, whether connected or separate, while the Shafi’is do not consider separate growth to be included.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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