What is the ruling if the contracting parties disagree regarding the utilization of the pledge?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the mortgagor and pledgee do not agree on the utilization of the pledge, the benefit remains suspended (mu'attalah). If the pledge is a house, it remains locked. If it is a slave or similar, its benefits are suspended until the pledge is redeemed. This aligns with the apparent position of Al-Khiraqi, who considered the yield of the house and the service of the slave as part of the pledge; thus, if the benefits were suspended, there would be no yield.
Supporting text
Ibn Abi Musa stated that if the mortgagor permits the pledgee to lend or lease the asset, it is permissible, and the rent becomes part of the pledge. If the mortgagor leases it with the pledgee's permission, in one narration, the pledge is released from the pledge, while in another narration, it remains pledged, similar to if the pledgee leased it.