What is the ruling if the mortgagor delivers a garment to the pawnee, but it becomes confused with other garments?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the mortgagor paws a garment, and it becomes indistinguishable from other garments, and the mortgagor delivers one of them to the pawnee, possession is not established because it is uncertain whether the actual pawned item was delivered. If it later turns out to be the pawned item, the delivery is deemed valid retroactively.
Supporting text
If the mortgagor delivers both garments (the pawned one and the other one) together, possession is established because the pawnee has certainly taken delivery of the pawned item.