the borrower would say to him, “The pledge is invalid, and you have no security.” This would open the door to those who resort to legal stratagems.
The correct view is that a pledge is permissible together with the right, before it, and after it. There is nothing to prevent this, because it is a contract of security.
His statement, “for an established debt,” is connected to his statement, “is valid”; that is, the pledge must be given for an established debt owed by the pledgor. The pledgor is the one who provides the pledged asset and the one upon whom the debt is owed. Therefore, his debt—that is, the debt he owes—must be established. If it is not established, such as the debt arising from a contract of emancipation, for example, then it is not binding upon the contracted slave, since he may declare himself unable to fulfill the contract. Thus, it is not valid to give a pledge for it.
The same applies to a debt owed by the paternal male relatives who bear liability for blood money. If someone comes to the relatives of a person who killed another by mistake and says, “Pay me the blood money,” and they reply, “The blood money is deferred,” and he says, “Give me security for it,” then the pledge in this case is invalid, because the blood money is not an established debt. It only becomes due from those relatives if they are financially able at the time payment falls due. Therefore, it is not valid to take a pledge for it. This is because a pledge is a binding contract, whereas an unestablished debt is not binding; and what is not binding cannot be secured by what is binding. For this reason, they said: a pledge is valid only for an established debt.
The stronger view, however, is that a pledge is valid for an unestablished debt, with the pledge following the debt: if the debt becomes established and binding, the pledge likewise becomes established and binding; otherwise, it does not. This is because the pledge is subsidiary to the debt. If the debt is unestablished, then the pledge is likewise unestablished until the debt becomes established.