Is the mortgage (Rahn) of a Muslim slave to a non-Muslim (Kafir) valid?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The mortgage of a Muslim slave to a non-Muslim is invalid. However, it is permissible if both contracting parties stipulate that the item be held by a Muslim, and the ruler has the authority to sell it if the owner defaults on repayment. This latter view is preferred because the purpose of the mortgage is achieved without harm.
Supporting text
Abu al-Khattab chose the validity of the mortgage under the condition that the item is held by a Muslim and the ruler can sell it upon default, arguing that the objective of the mortgage is met without detriment.