What is the ruling when the parties disagree regarding permission (idhn) for the pledgee to take possession, and the pledge is in the pledgee's possession?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgor claims the taking was without his permission, but the pledgee claims it was with permission, and the pledge remains in the pledgee's possession, the statement of the pledgee prevails because the apparent reality supports him, as the contract was executed and his possession suggests lawful taking.
Supporting text
It is possible that the statement of the pledgor prevails because the presumption is the absence of permission. This latter view is attributed to Al-Shafi'i, and Al-Qadi mentioned both these differing views.