Is the mortgaging of a sold item valid when its possession is stipulated (as a condition of the sale)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

Al-Qadi mentions that mortgaging an item whose delivery (Qabd) is stipulated in the sale contract, such as measured or weighed goods, is permissible before actual delivery. This is because the right to take possession is established for the buyer, allowing the buyer to take possession and then subsequently mortgage it. Selling such an item before delivery, however, leads to profiting from something not yet guaranteed, which is prohibited.

Supporting text

It is probable that mortgaging the item before delivery is invalid because selling it before delivery is invalid.