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)

Book 13 · Issue 2 · Bab 1

Open in Qurani

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.