Is the pledge valid if made concerning a removable limb, such as a hand or a foot?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
There are two differing legal opinions regarding the validity of a pledge concerning a limb that can be removed while life remains, such as a hand or a foot. The first opinion states the pledge is valid. This position is held by Abu al-Khattab and represents one view among the companions of Al-Shafi'i. The reasoning is that since the guarantor cannot produce these specific limbs in their proper form except by producing the entire body, it resembles guaranteeing the face or the head. Furthermore, a ruling concerning the whole (the body) is established even when applied to a part, similar to rulings regarding divorce and manumission.
Supporting text
The second opinion holds that the pledge is not valid because it is possible to produce the limb without producing the entire body while life is maintained. Al-Qadi ruled that a pledge for a part of the body is invalid; the pledge is only valid for the entire body. This is based on the principle that what does not affect the whole cannot be valid when specified for a particular limb, similar to rulings concerning sale (bay') and lease (ijarah).