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)
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.