Chapter on Pledges (rahn)
A pledge is valid when five conditions are met: that it be concluded immediately; that it accompany the debt or follow it1; that the article pledged be something whose sale is permissible; that it be the pledger’s own property or that he be authorized to pledge it; and that its genus, quantity, and description2 be specified.
Everything that may lawfully be sold may likewise be pledged, except the muṣḥaf. Whatever cannot be sold may not be pledged—apart from fruit before signs of ripeness, grain before the kernel hardens, and a slave apart from his maḥram relative. It is also invalid for a profligate person to pledge an orphan’s property.
Section
The pledger may withdraw the pledge so long as the pledgee has not taken possession of it; once he does, the pledge becomes binding, and the pledger may not dispose of it without the pledgee’s consent—except in the case of manumission, in which event he must pay its value, which3 then stands as a pledge in its stead.
Any earnings or increase derived from the pledged item are themselves pledged. The pledge remains a trust in the pledgee’s hand; he is not liable for it4 unless he was negligent. His sworn statement concerning its loss5 and that he was not negligent is accepted, even if only part of it has perished.