—hence its upkeep is his responsibility. The pledgor is likewise liable for the rent of any storehouse in which the pledged property is kept and for the cost of guarding it, for these expenses fall under the heading of upkeep, just as the wage of a shepherd does in the case of pledged livestock.

If part of the pledge is destroyed while another part survives, the remainder continues to secure the whole debt, because the entire liability is attached to every portion of the pledged asset; thus, when one part perishes, the rest remains pledged for the full amount.

Likewise, if the debtor pays only a portion of what he owes, no part of the pledge is released until the debt is settled in full; nothing is freed until the entire amount has been paid.

When the debt secured by the pledge falls due, the debtor must repay it just like any debt that is not pledged, for that is the import of their contract. Allah, Exalted is He, says: “Let the one who is trusted deliver his trust, and let him fear Allah, his Lord” (Quran 2:283).

If he refuses to pay, he is deemed procrastinating, and the judge will compel him to settle the debt. Should he persist in refusing, the judge may imprison and discipline him until he either clears the debt from his own assets or sells the pledge and pays the debt from its proceeds. If he still refuses, the judge himself sells the pledge and satisfies the debt from the sale price, because the obligation rests upon the debtor, and the judge merely acts in his stead when he defaults. Moreover, the pledge is a security for the debt, intended to be sold when it matures.

If any surplus remains after the debt has been paid, it is returned to the owner of the pledge, for it is his property. Conversely, if the proceeds do not cover the entire debt, the remaining balance remains a liability upon the pledgor, and he is obliged to settle it.