فِي الرَّهْنِ إِذَا ضَاعَ مِنْ عِنْدِ الْمُرْتَهِنِ مِنْ غَيْرِ أَنْ يَسْتَهْلِكَهُ رَجَعَ فِي حَقِّهِ عَلَى الرَّاهِنِ فَأَخَذَهُ فَإِنِ اسْتَهْلَكَهُ تَرَادَّ الْفَضْلُ بَيْنَهُمَا .
Translation
Al Husayn Bin Muhammad, from Moalla Bin Muhammad, from Al Hassan Bin Ali Al Washa, from Aban, from the one who informed him, (It has been narrated) from Abu Abdullah<sup>asws</sup> having said: ‘With regards to the mortgage, when it perishes in the presence of the mortgagee from other than him having destroyed it, it would be returned in his right upon the mortgagor, so he would take it. So if he had destroyed it, the excess would be returned between the two of them’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.