What is the ruling if the pledgee loses possession of the pledged item due to unjustifiable means?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the pledgee's possession is removed without right, such as through usurpation (*ghuṣb*), theft, the slave's escape (*ibāq*), or loss of chattel, the enforcement (*luzūm*) of the mortgage does not cease because his possession is considered established by legal judgment (*ḥukman*), as if it had never been removed.