What is the ruling on a pledge that transforms into wine (khamr) after the pledgee takes possession?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the grape juice transforms into wine after the pledgee takes possession, the pledge is voided, according to the opinion attributed to the Qadi. When it reverts to vinegar, ownership returns to the owner, and the pledge is reinstated based on the initial contract because ownership returns based on the first title, thereby reinstating the pledge ruling which was suspended due to the temporary loss of the pledgeable quality.
Supporting text
Imam Malik and Abu Hanifa hold that the pledge remains valid even when it turns to wine because it had value as juice and has the potential to gain value again, meaning ownership is not extinguished. They equate this to the apostasy of an assailant; the legal possession has not been removed. They hold that the obligation continues even while it is wine. This view aligns with the first opinion regarding the consequence, except for the assertion that the contract remains obligatory while it is wine.