Is the pledging of a gifted item by a father valid if he gifted it to his son and retains the right to reclaim it?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a father pledges an object he has gifted to his son before revoking the gift, the pledge is invalid for the same reason stated above (pledging something not owned). The basis is that the father is pledging property over which he has no ownership, without the permission of the owner, and without any legal authority over it. This is analogous to a husband pledging half of the dower before consummation of the marriage.

Supporting text

Al-Shafi'i holds two opinions on this matter. One view states that the pledge is valid because the father's ability to reclaim the object implies that his act of pledging it is evidence of his revocation of the gift.