Who bears the responsibility for the destruction of a pledged item?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the destruction of the pledged item occurs through no fault of the pledgee (i.e., not due to their transgression or negligence in safekeeping), the loss rests with the pledgor. If the destruction occurs due to the transgression or negligence of the pledgee, the pledgee is liable for the loss. There is no known disagreement regarding the obligation of the pledgee to guarantee the item in cases of their transgression or negligence, as the item is held as a trust (amanah) in their possession, similar to a deposit (wadi'ah). Scholars supporting this view include Ali, 'Ata, Al-Zuhri, Al-Awza'i, Al-Shafi'i, Abu Thawr, and Ibn Al-Mundhir.
Supporting text
Scholars such as Shurayh, Al-Nakha'i, and Al-Hasan state that the pledge covers the entire debt, even if the debt exceeds the value of the pledge, based on the narration, 'The pledge is for what it contains.' Malik holds that if the destruction occurs due to an apparent cause like death or fire, the responsibility lies with the pledgor; however, if the pledgee claims destruction by a hidden cause, the claim is not accepted, and the pledgee is liable. Al-Thawri and the Companions of *Ra'y* state the pledgee is liable for the lesser of the item's value or the debt amount, citing a narration concerning a horse that died. They argue it is a specific item held for debt satisfaction, thus the possessor is liable, similar to a sold item held for payment.