Must the pledgee take possession of the pledged item with the pledgor's permission?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The pledgee is not permitted to take possession of the pledge without the explicit permission of the pledgor, because the pledgee is not obligated to take possession of it. Therefore, the pledgor's permission is required for taking possession, similar to a donor. If the pledgee takes possession without permission due to transgression, the ruling does not take effect, and it is considered as if no possession has occurred. If the pledgor grants permission and then revokes it before possession is taken, the permission is nullified.