نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 484
without his having requested for it or if he has not been indebted to
the person giving the reference he (i.e. the person giving the
reference) cannot demand from him what he has paid.
ORDERS REGARDING MORTGAGE (RAHN) 2309. Mortgage means that a debtor deposits some
property with the creditor so that, if the debtor does not repay the
debt, the creditor may realize his debt out ofthat property (i.e. from
its sale proceeds etc.) 2310. It is not necessary to recite the
prescribed formula in connection with mortgage and if the debtor gives
his property to the creditor with the intention ofproviding security for
the debt and the creditor takes it with the same intention, the
mortgage is in order. 2311. The mortgagor and the mortgagee should be
adult and sane and should not have been coerced by anyone. Moreover the
mortgagor should not be bankrupt and aprodigal. The meaning of bankrupt
and prodigal have been given in Article 2262. 2312. A person can mortgage that property which
he can legally appropriate and it is in order if he mortgages the
property of another person with his permission. 2313. It should be correct to purchase and sell
the property which is mortgaged. Hence, if wine or something like it is
mortgaged the transaction is not in order. 2314. The benefit which accrues from the mortgaged property ) belongs to the person who has mortgaged it. 2315. The creditor cannot make over (e.g.
present or sell) the mortgage property to another person without the
permission of the debtor. However, if he presents itto another person or
sells it and the debtor accords permission later there is no harm in
it. 2316. If a creditor sells the mortgaged property with the permission of the debtor its sale proceeds also remain mortgaged
نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 484