What is required for the validity of the act of pledging and taking possession?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

The pledger must be a legally competent person (Hur, Mukallaf, Rashid), meaning they are not under legal restraint due to minority, insanity, foolishness (safah), or bankruptcy (fals). This condition must be met at the time of both contracting and handing over the pledged item. Since the contract and delivery are optional and based on the pledger's choice, sound choice is required for validity. Moreover, since pledging is a type of disposition of property, it is not valid for a legally restricted person without permission, analogous to a sale.