What is the legal status of a sale conditioned upon providing a specific pledge (*rahn*) or a specific guarantor (*dhamin*)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
A sale conditioned upon providing a pledge or a guarantor is valid, and the condition itself is valid because it serves the contract's purpose without contradicting its essential requirements. The pledge must be known either by physical inspection or by a specific description, as in a *salam* (forward sale), and it is finalized by possession (*qabdh*). The guarantor is identified either by pointing to him or by naming his lineage; identification by description alone, such as 'a rich man,' is invalid.
Supporting text
If the seller refuses to hand over the pledge, or the guarantor refuses to assume responsibility, the seller has the choice either to dissolve the sale or to enforce it without the pledge or guarantor. If the buyer fulfills the condition by providing the pledge or the guarantor, the sale is confirmed. Malik and Abu Thur hold that the pledge becomes obligatory upon the contract's signing for non-measured/weighed items, and the buyer can be compelled to provide it.