and one of them pledges his share to his creditor, this is valid, because this undivided share may be sold. Thus, when the debt falls due and he does not repay it, it may be sold.

The evidence for the permissibility of selling an undivided share is the statement of Jabir, may Allah be pleased with him: “The Prophet, peace and blessings be upon him, decreed the right of pre-emption in everything that has not been divided. But once the boundaries have been fixed and the access routes assigned, there is no right of pre-emption.” (1) This indicates that selling an undivided share is permissible. Since its sale is permissible, pledging it is likewise permissible, because when the debt falls due and the debtor does not repay it, it may be sold; and since selling an undivided share is permissible, pledging an undivided share is valid.

A Sold Item Other Than Measured or Weighed Goods May Be Pledged for Its Price or for Another Debt

His statement, “A sold item other than measured or weighed goods may be pledged for its price or for another debt,” means that a sold item may be pledged as security for its price or for another debt, whether the buyer has taken possession of it or not.

For example, he sells him a book for ten dirhams, payable after six months, on the condition that he pledges that very book as security. This is pledging the sold item for its price, and it is a pledge taken concurrently with the debt.

His statement, “or for another debt,” means, for example, that the buyer already owes him a prior debt, and he says: “I will sell you this item and take it as security for your previous debt.” This is permissible, and it is a pledge taken after the debt has already been established.

It is also permissible to pledge it as security for both its price and another debt. For example, he sells him a book for ten dirhams on deferred payment, while the buyer already owes him ten dirhams. The seller then says: “Pledge this book to me as security for its price and for the previous debt.” This is permissible.