What is the meaning of the Hadith: "The back [of a riding animal] may be ridden by virtue of its expenditure if it is mortgaged, and the milk of a milch animal may be drunk by virtue of its expenditure if it is mortgaged"? And does it mean the permissibility for the mortgagee to utilize the mortgaged property if he spends on it, and is the consent of the mortgagor required for that?

The Hadith indicates that the mortgagee may utilize the mortgaged item in exchange for its upkeep, benefiting from riding the animal and milking it in return for what he has spent. Scholars differed on the meaning of this Hadith. Some said that the mortgagee is permitted to benefit from the mortgaged item if he maintains it, even without the owner's permission, and they hold that he benefits only to the extent of the upkeep cost. The majority, however, held that this Hadith is refuted by other fundamental principles and narrations, and they consider it abrogated by the Hadith, "Do not milk anyone's livestock without his permission." Imam Al-Shafi'i said: It is likely that the meaning is that the mortgagor should not be prevented from the milk and produce of his mortgaged livestock.