Is it valid to take a contractually obligated slave (Mukatab) as a pledge (Rahn)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The sound opinion dictates that taking a Mukatab as a pledge is invalid. This is the position of Al-Shafi'i because the continuity of possession (*qabd*) is a condition for a valid pledge, which is impossible with a Mukatab.
Supporting text
The opinion of Al-Qadi suggests that according to the principles of the school (Hanbali), his pledge should be valid, aligning with the view of Malik. The reasoning is that the slave's sale is permissible, and the debt can be settled from the sale price. Under this view, what the Mukatab pays of his installments becomes pledged property, and if he defaults, the pledge is confirmed over that amount and his future earnings. If he is freed, what he paid remains pledged, similar to the earnings of a common slave who dies.