Is a pledged item delivered if the pledgor is legally blocked from managing assets (like in bankruptcy) before delivery?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a guardian is appointed over the pledgor due to bankruptcy before the delivery of the pledge (*rahn*), the pledge must not be handed over. This is because delivering it would grant the pledgee (the creditor) preferential rights over the asset relative to his co-creditors, and no single creditor has the right to exclusively favor themselves over others in this regard.