I say: The account transmitted by Mālik and those who agree with him appears to be the weightier version, for Mālik is the most reliable of al-Zuhrī’s students—as affirmed by Imām Aḥmad, Ibn Maʿīn, and ʿAmr al-Faras. This would be so even if he stood alone; how much more when he is corroborated by Maʿmar, Yūnus, and Ibn Abī Dhīʾb.
Vocabulary of the ḥadīth
• rahn (pledge): The verb rahana/yarhunu, with the infinitives rahnan and ruhunan, originally means “to remain fixed or constant.” Rahana and arhana share the same sense. The plural of ra hn is rihān or ruhun. The rāhin is the one who offers the pledge, the murtahin the one who receives it, and the marhūn is any specified property from which the debt—or its price—may be recovered. Linguistically, ra hn denotes permanence and stability; in the Sharīʿah it is “securing a debt with property from which the debt, or part of it, can be taken, or from its sale.”
• “lā yughlaqu al-rahn min ṣāḥibihi”: The verb yughlaq is read with a fatḥah on the yāʾ, a quiescent ghayn, and ends with a qāf. Al-Zuhrī said: One says ghalaqa, inqhalaqa, or istaghlaqa when something is hard to open; the opposite of fakku (release). Thus the meaning is: “The pledge is not to be shut away from its owner so that he cannot redeem it.” Ibn al-Athīr wrote in al-Nihāyah: “Ghalaq al-rahn refers to a pledge that remains in the pledgee’s hand, beyond the pledgor’s ability to reclaim. This was a pre-Islamic custom: if the pledgor failed to pay on the due date, the pledgee took ownership of the pledged item. Islam abolished that practice.”
• “lahu ghunmuhu”: ghunm, with ḍammah on the ghayn and a quiescent nūn, means its yield, produce, and earnings.
• “ʿalayhi ghurmuhu”: ghurm, with ḍammah on the ghayn and a quiescent rāʾ, refers to its loss, deficiency, and upkeep.
Points derived from the ḥadīth
- Meaning of the report: The pledgee does not acquire ownership of the pledged item if the pledgor is unable to settle the debt for which it was given. The pledged property remains the pledgor’s; it is merely held by the pledgee as collateral to secure his right to the outstanding debt.