Is the pledge (Rahn) legally binding without physical possession (Qabd)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The pledge is not legally binding unless possession has occurred. This is the position held by Abu Hanifa and Al-Shafi'i. The primary evidence cited is the Quranic statement describing the pledge as "pledges taken into possession" (Quran 2:283), indicating possession as a descriptive quality necessary for validity. Furthermore, a pledge is an act of favor (irfaq) requiring acceptance, thus necessitating possession, similar to a loan (Qard). A pledge not possessed does not necessitate handing it over, just as if the pledger died before possession.
Supporting text
Malik holds that the pledge becomes obligatory merely upon the contract before possession, reasoning that since it is a contract that becomes binding upon possession, it must be binding before it, similar to a sale. Some scholars of the author's school hold that for measured or weighed goods, it is not binding without possession, but for other goods, there are two narrations: one requiring possession, and another stating it becomes binding upon the contract alone, like a sale, which Ahmad permitted in one narration (Al-Maymuni's).