Is the act of the pledgor taking possession valid if done based on the pledgee's instruction regarding the pledge?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgee instructs the pledgor to take possession, this is not considered valid possession.
Supporting text
Analogous to the ruling in sales contracts, if a buyer gives the seller a means of payment (ghararah) stating, "My right is in this," and the seller acts upon it, this constitutes valid possession. By extension, the same principle applies here.