it follows that a pledge takes the place of written documentation in some respects, since one thing cannot be made a substitute for another unless it serves its purpose in some way. Consider how, when Allah made dry ablution a substitute for ablution with water, saying, “And find no water, then seek clean earth” [al-Nisā’: 43], it took its place in making prayer permissible. A pledge’s replacing the security provided by witnesses is reflected in Mālik’s view—may Allah have mercy on him—that it serves as evidence in the pledgee’s favour up to its value. It became a pledge only because of its value, so it provides evidence to that extent, just as witnesses substantiate the matters to which they bear witness. This differs from the position of the Iraqi jurists, who maintain that the pledgor’s word is accepted because he acknowledges a debt and is the defendant. They are mistaken: rather, the pledgor is a claimant, since he claims entitlement to recover the pledge for the amount he specifies. This consideration places him among claimants, so he cannot be awarded what he seeks merely on his own assertion.

This also accords with Mālik’s legal principles—may Allah have mercy on him. He holds that when spouses disagree over the dowry before consummation, judgment cannot be given in the husband’s favour merely on his assertion, because he claims entitlement to have his wife join him and to consummate the marriage for the amount he specifies. He is therefore a claimant. Likewise, when the parties to a sale disagree over the price before delivery, the buyer claims entitlement to receive the goods for the price he specifies, and is therefore a claimant in these circumstances. Similarly, the pledgor claims entitlement to recover the pledge for the amount he specifies, while the pledgee disputes that amount. The fairest course is therefore Mālik’s position—may Allah have mercy on him—that the matter should be determined by the value of the security, namely the pledge. An oath is also required, since a pledge may secure a debt smaller or greater than its value.

Section

For any amount the pledgee claims beyond the value of the pledge, he holds no security; regarding that amount, he is therefore a claimant. If the pledge is lost, the husband has consummated the marriage, or the buyer has taken delivery of the goods, then the word of the pledgor, the husband, or the buyer, respectively, is accepted, together with their oaths. In these circumstances, they are defendants acknowledging an obligation; they do not claim that their acknowledgment entitles them to anything.