It is binding only upon the pledgor, and a pledge of an undivided share is valid.
His statement, “for an established debt,” apparently indicates that it is not valid to take a pledge in return for a specific asset. For example, a man comes to another and says, “Give me the car.” The other replies, “Yes, but I want you to pledge something to me.” This is not valid, because there is no established debt. Likewise, if someone asks to borrow a book and the owner says, “I will not lend it to you unless you pledge something to me,” this is not valid, because no debt has been established upon him for which he could provide a pledge.
The correct view is that it is valid to take a pledge in return for specific assets, because this is a permissible contract that entails nothing prohibited and involves no harm. This is not like insurance, for under insurance the insured pays money regardless of whether any loss occurs. Here, however, he pledges this item: if the car is damaged, compensation is taken from the pledge; but if no damage occurs, the pledged item remains the property of its owner. The same applies to the book.
His statement, “It is binding only upon the pledgor,” means that it must be fulfilled. The author, may Allah have mercy on him, has informed us that a pledge is binding in one respect and nonbinding in another. What is meant here by binding and nonbinding is not their legal-ruling sense; rather, it refers to their operative legal effect. Thus, it is binding upon the pledgor but nonbinding upon the pledgee.
For example, a man borrows one hundred thousand from someone and pledges his car as security. The car is now in the possession of the pledgee. The pledge is binding upon the pledgor: he cannot terminate the pledge and say, “Give me back the car.” With respect to the pledgee, however, it is nonbinding.
The reason for this is that the pledge constitutes an obligation upon the pledgor for the benefit of the pledgee, and a right belonging to the pledgee against the pledgor. Everyone who possesses a right may waive it, because he