What is the implication of the Hadith regarding the increment of the pledge?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The Hadith stating, 'The pledge is for its pledgor; he has its gain and bears its loss,' indicates that the gain, increment, and earnings belong to the pledgor. However, the right of the pledge attaches to it, just as it attaches to the principal item which belongs to the pledgor. The distinction between the mortgaged item and the rest of the pledgor's wealth is that the increment follows the principal because it is secondary to the principal.
Supporting text
The right of bodily injury (Jinayah) does not extend because it is established without the owner's consent and is a penalty for aggression, thus specializing in the aggressor, like retribution (Qisas). Furthermore, extending the pledge right to the increment does not lead to fulfilling more than the debt, minimizing potential harm.