Among the rulings of pledges is that, when the pledged item is a living creature that requires upkeep and it is in the pledgee’s possession, the Lawgiver has allowed him—if the animal is suitable for riding—to ride it and, in return, provide its feed; and—if it is suitable for milking—to drink its milk and likewise bear the cost of its feed. The Prophet ﷺ said: “A ridable animal that is pledged may be ridden in proportion to the feed provided while it is pledged, and a lactating animal that is pledged, its milk may be drunk in proportion to the feed provided while it is pledged. The one who rides or drinks must supply the feed.” Reported by al-Bukhārī. In other words, whoever rides the animal’s back or drinks its milk must cover its maintenance in exchange for the benefit received, and any surplus benefit beyond the cost of upkeep belongs to the owner.

Imam Ibn al-Qayyim (d. 751 AH) said: “This ḥadīth, together with the principles and foundations of the Sharīʿah, shows that a pledged animal is itself inviolable by virtue of Allah’s right; the owner retains the right of ownership, and the pledgee holds the right of security. If the animal is in the pledgee’s hand and he neither rides nor milks it, its benefit is lost for nothing. Justice, sound analogy, and the welfare of the pledgor, the pledgee, and the animal alike therefore require that the pledgee take the benefits of riding and milking and compensate for them by providing the feed. When the pledgee avails himself of the benefit and repays it with upkeep, both sets of interests and both rights are preserved.” End quote.

Some jurists have said: “Pledged property is of two types: that which requires expenditure and that which does not. What requires expenditure itself falls into two categories: animals for riding and animals for milking—their ruling has just been mentioned. Anything that is neither for riding nor for milking, such as a male or female slave, is a type from which the pledgee may derive no benefit unless the pledgor grants permission.”