How is possession established for movable pledged items?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

The pledgee may take possession of movable items from the pledgor. For items that cannot be moved, such as buildings and land, possession is established by the pledgor clearing the way for the pledgee, leaving no barrier between them. Possession in pledging is analogous to possession in sale and gift. If the pledged item is movable, possession is established by moving or taking hold of it. If it consists of currency or something light enough to be held by hand, possession is taking it with the hand. If it is measured by volume or weight, possession is achieved by measuring or weighing it, based on the Prophet's statement: 'When a measure is specified, measure it.'

Supporting text

If a heap of grain (*sabra*) is pledged arbitrarily (*juzāfan*), or if it consists of garments or animals, possession is established by moving it, following the precedent that the Prophet forbade selling food that was purchased arbitrarily until it was moved from its place, as narrated by Ibn Umar (Agreed upon).