What is the ruling if the pledged slave perishes due to apostasy/retaliation (qisas) or the criminal offense before the pledgee knows the status?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgee only learns of the status after the slave is killed due to apostasy or *qisas* (retaliation), or if the criminal offense results in seizure, the pledgee is not entitled to compensation (*arsh*). This is because the pledge (*rahn*) is not a substitute (*'iwad*) for the purchase price. If the entire pledged item perished before possession, no recourse is granted; thus, compensation for the item's value or partial loss is not due.
Supporting text
Al-Qadi mentioned that the established principle (*qiyas*) of the madhhab suggests the pledgee should receive compensation (*arsh*) in these situations, by analogy to the rules governing a sale contract. This analogy is rejected because the sold item is a substitute for the price, so if part or all of it is lost before possession, the buyer retains a claim on the price. The pledge is not a substitute; thus, if the entire pledge perishes before possession, nothing is due.