and shrouding him, and burying him [are the responsibility of the pledger; because this is a consequence of his expenses, for whoever is responsible for the expenses of an individual is also responsible for his expenses such as preparation for burial and burial], just like other slaves, bondwomen, and free relatives.

Section: If the pledge is fruit, and it requires irrigation, leveling, or harvesting, this is the responsibility of the pledger. If it requires drying and the right [to the debt] is deferred, then drying it is his responsibility, because he needs to keep it as a pledge until the right becomes due. If it is due immediately, it is sold, and there is no need to dry it. If they both agree to sell it and make its price a pledge for the deferred right, it is permissible. If they disagree on that, the statement of the one who wants to keep it in its original form is given priority, because the contract necessitates that, unless it is of the type whose value decreases upon drying, and it has been the custom to sell it while fresh, in which case it is sold and its price is put in its place. If they agree to harvest the fruit at a certain time, they may do so, whether the right is due immediately or is deferred, and whether it is more beneficial to harvest it or leave it; because the right does not fall outside of them. If they disagree, we give priority to the statement of the one who seeks what is most beneficial, if this is before the right becomes due. If the right is due immediately, the statement of the one who requests harvesting is given priority; because if it is the pledgee, he is seeking to fulfill his immediate right, so it is mandatory to respond to him. If it is the pledger, he is seeking to discharge his liability and clear the essence of his property from the pledge, and harvesting is more cautious in the sense that leaving it involves risk. The judge mentioned this in [the case of] the insolvent person, and it is the opinion of most of the Shafi'i scholars, and this is in the same sense. It is possible that the fruit is considered; if it decreases significantly by being harvested, the one who refuses to harvest it is not compelled to do so; because that constitutes destruction, and one is not compelled to destroy [property], just as one is not compelled to tear down his house to sell its rubble, nor to slaughter his horse to sell its meat. If the fruit is of the type from which there is no benefit before it reaches maturity, it is not permissible to harvest it before then, and he shall not be compelled to do so under any circumstances.