What is the legal nature of the possessor's hand (possession) when the item is taken as collateral while under a guarantee obligation?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The hand (possession) of the pawnee (pledgee) holding the collateral is one of trust (yad amanah). This is diametrically opposed to the hand of a usurper (Ghasib) or a borrower for use (Musta'ir), which is considered a hand of liability (yad damanah). The cause necessitating the guarantee (Ghasb, 'Ariyah, etc.) has ceased because the possessor is no longer acting as a usurper or a borrower for use, and therefore the guarantee liability also ceases.