pledged, and the milk of a milch animal may be drunk in return for its maintenance when it is pledged; and the one who rides it or drinks its milk must bear its maintenance.” (1)
As for the Prophet’s practice, it is established that the Prophet, peace and blessings be upon him, died while his armor was pledged to a Jew. (2)
There is scholarly consensus on this, and sound reasoning and analogy also require it, because people need their transactions to proceed, so that both the pledgor and the pledgee may benefit. The pledgee says, “I will not lend to you except against collateral.” Once the pledgor gives the pledgee collateral, the pledgee benefits, and the pledgor likewise benefits by finding someone to lend to him and fulfill his need. Everything that entails a benefit without any preponderant harm is deemed lawful and permissible by analogy, for the foundation of the Sacred Law rests upon benefits that are either pure or predominant. This is the basis of Islamic law.
“It is valid with respect to every tangible asset that may be sold, even a mukātab (an enslaved person under a contract of manumission); and it is valid together with the debt or afterward, for an established debt.”
His statement, “It is valid with respect to every tangible asset,” indicates the ruling of a pledge: it is permissible. It is neither obligatory, recommended, nor prohibited.
It is permissible both in settled areas and while traveling, for it is established that the Prophet, peace and blessings be upon him, pledged his armor to a Jew in Medina. As for Allah Most High’s statement, “And if you are on a journey and cannot find a scribe, then let there be a pledged security in hand” [al-Baqarah 2:283], this is because the need for a pledge in that case is greater than when one is in a settled area and can find a scribe. For when he is in a settled area and finds a scribe, he can secure his right through that scribe; whereas if