Is it valid for the pledgee to authorize the pledgor to take possession of the pledged item on the pledgee's behalf?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the pledgee authorizes the pledgor to take possession of the pledged item for the pledgee, this is not valid and does not constitute valid possession. This is because a pledge serves as a security (wathiqah) to satisfy the right when satisfaction from the pledgor is impossible; thus, if the item remains in the pledgor's possession, the purpose of the security is not realized.