What is the legal status of a pledge (rahn) offered voluntarily by the buyer after a sale, if the seller accepts possession of it?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

When the buyer voluntarily offers a pledge and the seller takes possession of it without it being stipulated in the sale contract, it takes the legal ruling of a stipulated pledge in the sale. Nothing can be released from this pledge until the entire debt is settled. The pledgor (buyer) does not possess the right to reclaim it or dispose of it without the permission of the pledgee (seller). However, if the pledged item is returned due to a defect or other reason, the contract of sale cannot be rescinded.