What is the liability if the pledgee borrows the pledged item (e.g., a house)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgee borrows the pledged item, it becomes guaranteed by him. This is the position of Al-Shafi'i.
Supporting text
Abu Hanifa holds that there is no guarantee on him. This difference hinges on the legal status of gratuitous bailment (A'riyah); we consider it guaranteed, while he considers it non-guaranteed.