such as clothing, jewelry, and household goods. By contrast, items for which no liability is incurred are the manifest assets, like real estate and livestock. Whatever carries liability in an ʿāriyya (gratuitous loan for use) likewise carries liability when taken as a rahn (pledge). Thus every article that can be hidden away and whose loss might pass unnoticed—should it perish, the mishap is charged to the pledgee, and he is liable for it, unless he can produce evidence that the loss occurred without negligence, waste, or transgression on his part; if such proof is produced, liability is lifted.

A report from Mālik states that movable collateral that can be concealed is always guaranteed, whether or not evidence of its destruction is offered; this is also the view of Ashhab. The opinion given first, however, is the authoritative position of the school. Should the pledgee stipulate, in a case of this kind, that he bears no liability, the stipulation is of no effect and the pledge remains governed by its established rule. Likewise, if he seeks to impose liability for property that is ordinarily exempt, the condition is invalid and the pledge remains as legislated—although Ashhab held that such a stipulation is valid and renders the pledgee liable.

Damage caused by moths, wood-worm, and the like obliges him to make good whatever depreciation the pledge suffers while in his custody. If the defect that arose is ruinous, he must pay the full value of the garment, for through his neglect he has destroyed it—unless the owner expressly forbade him to inspect it and instructed him not to undo it; in that event he is not answerable for damage that occurs without his involvement.

For property whose destruction is publicly apparent, such as real estate or livestock, the loss falls on the pledgor, while the pledgee may still recover the whole of his claim. If someone accepts as collateral a concealed item valued at less than its true worth and it perishes in his possession, he must guarantee its entire value and hand back to the pledgor any amount that exceeds the debt; but if the pledge is worth less than the debt, he may claim the remainder from the pledgor.

If the collateral perishes while with the pledgee, it is of the type that can be concealed, and he is consequently liable for it, and the pledgee and owner then disagree over the manner of its destruction, its description, or its value, the pledgee’s word prevails on all these matters provided he swears an oath. Once he has sworn regarding its loss and description, specialists appraise its value; if its description is unknown, he swears to its value instead.