What is the ruling on establishing a pledge (Rahn) after the underlying debt has already become due?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

Establishing a pledge after the right (debt) is established is valid by consensus (Ijma'). This is permissible because it serves as security for an established debt, and there is a need for a document (security) for it, similar to a guarantee (Daman). Evidence is found in the saying of Allah the Almighty: "And if you are on a journey and cannot find a scribe, then a pledge taken [in hand] is a security deposited." (Quran 2:283). This verse establishes the pledge as a substitute for writing, and writing is typically required after the right becomes due. Furthermore, the preceding verse directs documentation upon contracting a debt until a specified term: "...when you contract a debt for a specified term, write it down." (Quran 2:282), indicating that documentation follows the act of contracting the debt.