Who is qualified to be appointed as the trustee for holding mortgaged property?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
It is permissible to appoint anyone who is qualified to act as an agent (Wakeel) to hold the mortgage. This includes someone capable of handling transactions (Ja'iz al-Tasarrruf), regardless of whether they are Muslim or non-Muslim, just or wicked, male or female. However, a minor (Sabiyy) cannot be appointed because they are universally unqualified to conduct transactions; thus, their holding possession is equivalent to not holding it at all.
Supporting text
A slave (Abd) cannot hold the property without the permission of his master because the slave's benefits belong to the master, and wasting those benefits on safeguarding the property without permission is prohibited. If the master grants permission, it becomes permissible. A freed-upon-installment slave (Mukatab) may hold it if his freedom was secured through a specific payment/stipulation (Bi-Ja'l), as he has the right to earn. If his freedom was granted without such a stipulation, it is not permissible, as he does not have the right to donate the use of his labor/benefits.