Is the pledge (rahn) valid for an apostate, a murderer in *muharabah* (unlawful warfare), or a perpetrator of a crime (janin)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The pledge is valid for an apostate, a murderer in *muharabah*, and a perpetrator of a crime, whether the crime was intentional or accidental, affecting life or less than life. This ruling is supported implicitly by the main position which contrasts with the dissenting views. No specific evidence is cited in support of the validity in this text.
Supporting text
The view of Al-Qadi states that the pledge of a murderer in *muharabah* is invalid. Abu Bakr preferred that the pledge of a perpetrator of a crime (*janin*) is also invalid. This is the position of the Shafi'i madhhab. The dispute hinges on the validity of selling such individuals, a matter discussed previously.