What is the ruling on establishing a pledge simultaneously with the contract that necessitates the debt?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

Establishing a pledge simultaneously with the contract establishing the debt is valid. This view is held by Malik, Al-Shafi'i, and the companions of Al-Ra'y (Hanafi school). The justification is the necessity for its establishment at that moment, as failing to stipulate it simultaneously with establishing the right would leave the buyer the option to refuse, thus defeating the purpose of the security.