if the slave requests it and the master sees good in him, for Allah the Exalted says: “And those of your slaves who seek a contract of emancipation, make such a contract with them if you know there is good in them” [Quran 24:33]—that is, righteousness in their religion and an ability to earn a livelihood.
Thus, if a man has a mukātab—that is, a slave who has purchased his freedom from him—and wishes to pledge him, it is permissible to do so, because a mukātab may validly be sold. Moreover, the pledgee will benefit from this pledge: if the mukātab is unable to fulfil his contract, he reverts to being a slave and may then be sold; whereas if he is able to fulfil it, his earnings during this period serve as security. This supports the view that a pledge is valid where there is benefit in it. Thus, a mukātab may validly be pledged.
As for a mudabbar, namely, a slave whose emancipation is made contingent upon his master’s death—for example, when his master says, “When I die, my slave is free”—may he be pledged?
The answer is: yes, he may be pledged, because he may be sold; and whatever may be sold may be pledged. This mudabbar has not yet been emancipated; he becomes free only when his master dies.
His statement, “together with the right,” means that a pledge is valid together with an established right—that is, together with a debt.
An example is where someone says, “I have sold you this house for one hundred thousand, on condition that you pledge your other house to me.” The buyer says, “I accept.” Here, the pledge accompanies the right, so it is valid, because it coincides with the establishment of a liability upon the pledgor.
His statement, “and after it,” means after the right has been established. For example, a man lends another person one hundred thousand, then comes to demand it, saying, “Give me the one hundred thousand, for I lent it to you without deferring repayment.” The other replies, “I do not have it.” He says, “Then pledge your house to me.” The man replies, “I pledge it to you.” This is valid, and it is a pledge made after the right has been established.
Evidence for this is Allah’s saying: “O you who believe, when you enter into a debt contract...”