Is the pledgee permitted to utilize a mortgaged animate being (like a slave) by using its services or receiving its products?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The apparent ruling of the Hanbali school, as stated by Al-Kharaqi and affirmed by Ahmad in Al-Athram's narration, is that the pledgee is not permitted to derive any benefit from the mortgaged animate being. This prohibition is based on the principle that the pledge ('rahn') should not be utilized, with the exception specifically made for the Hadith concerning that which is ridden, milked, or fed (referring to animals). Ahmad stated that if the benefit derived, such as milk or riding, exceeds the necessary maintenance, the extra benefit is not permissible. The general principle, derived from analogy (Qiyas), dictates that no benefit should be derived from the pledge, and the exceptions (riding and milking) are established only due to explicit textual evidence (the Athar).
Supporting text
A narration transmitted by Hanbal from Ahmad, which is also the view of Abu Thawr, permits the pledgee to utilize the slave if the mortgagor refuses to provide for its maintenance. However, Abu Bakr noted that Hanbal deviated from the consensus of the school in this regard.