Chapter: What is deemed to fall under a pledge of offspring and produce, whether stipulated or not
All offspring of livestock are included in the pledge along with their dams when they are born after the pledge contract—even the brood of bees. By contrast, a slave’s personal property is not pledged with him and does not enter the pledge unless the pledgee expressly singles it out and makes its inclusion a condition at the time the pledge is concluded. The same rule applies to fruit that later comes into existence: it is not part of the pledge unless the pledgee stipulates it, and the same holds for milk and wool.
It is permissible to take as collateral the fruit that is still on the palms, whether or not signs of ripeness have appeared, provided the fruit is visible. In that case the pledgee is the one who undertakes the irrigation, and if ripeness has not yet begun he must take possession of the tree together with the fruit, for the fruit cannot be seized without seizing the tree. Nevertheless, the tree itself is not considered pledged unless it has been specifically pledged.
Should the pledger become insolvent after the pledgee has taken possession of the palms with their fruit, the fruit belongs to him ahead of the other creditors, and the palms