What is the effect of void stipulations on the validity of the pledge contract itself?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
One view holds that the entire pledge contract is voided by any such void stipulation because the pledgor only relinquished their property based on that condition; if the condition is not upheld, the consent for the underlying contract fails. Another view suggests that if the stipulation involved a temporary nature for the pledge, the pledge is voided. Other void conditions may or may not void the contract, depending on analogies drawn from void conditions in sales contracts.
Supporting text
Abu al-Khattab, in his work *Ru'us al-Masa'il*, affirmed the validity of the pledge despite a void stipulation, citing the Prophet's statement, 'The pledge shall not be closed/forfeited' (La yughlaq al-Rahn), implying that the contract remains despite a void condition being attached. Another perspective states that if the stipulation diminishes the pledgee's right, the pledge is void unconditionally. If it does not diminish the right, there are two differing views. This aligns with the position of Al-Shafi'i, arguing that if an ancillary addition stipulated for the pledgee is void, the principal pledge contract remains valid.