What is the ruling if the pledged item is in the possession of the pledgee, and the pledgee's status changes?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the pledged item is in the possession of the pledgee and his condition regarding trust and safekeeping has not changed, the pledgor or the judge cannot remove it from his possession. However, if the pledgee's status changes in trustworthiness or safekeeping, the pledgor has the right to demand its removal and place it with a trustworthy custodian via the judge.

Supporting text

If the pledgor claims a change in the pledgee's status and the pledgee denies it, the judge investigates the matter and acts upon what is revealed to him.