What is the liability for a pledge (Rahn) that becomes invalid after the pledgee (Murtahin) takes possession?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a pledge contract becomes invalid, and the pledgee has taken possession of the item, the pledgee bears no liability for it. This is because the initial possession was based on the presumed validity of the pledge. The ruling concerning liability for invalid contracts follows the ruling concerning valid contracts: if a valid contract is non-guaranteed or guaranteed, its invalid counterpart is treated similarly. However, if the contract was time-bound or stipulated that the item transfers to the pledgee upon the term's expiration, it becomes guaranteed thereafter. This is because possession then shifts to the status of a void sale, and the rule of guarantee for void contracts follows that of valid ones.