He was asked:
A man instructed his employee to pledge an item with a particular person, but the employee pledged it with someone else, and the item went missing. Its owner swore that he would not employ him unless he brought it back, believing that it had not been lost. He later discovered that it had been lost. Would he break his oath if he employed him?
He replied:
Praise be to Allah. If, when he swore, he believed that the pledged item still existed and had not been lost, and he swore in order to make the employee bring it back, then he does not break his oath in these circumstances. And Allah knows best.
He—may Allah have mercy on him—was asked:
An item was pledged with a man as security for a sum due after a specified period, which has now elapsed. With its owner’s permission, he then pledged it with another person as security for that sum. The second pledgor has demanded payment of the amount secured by the pledge and had the debtor imprisoned over it, but the debtor has no means of redeeming the property. May it be sold or not?
He replied:
Yes, the pledged property may be sold to recover the debt in these circumstances, particularly since the first pledgor authorized its being pledged as security for the debt. It may therefore be sold