What is the ruling regarding stipulating the location where a female slave pledged (*Amma*) is kept?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the pledged item is a female slave, the condition that she be kept with a woman, a *Mahram* (unmarriageable kin) to her, with the pledgee, or with a third party, provided the arrangement does not lead to forbidden seclusion (*Khalwa*), is valid. This applies if they have wives, concubines, or female relatives present in their residences. If such safeguards are absent, the condition is void because it leads to forbidden seclusion, which cannot be secured against. However, the pledge itself remains valid because the void condition does not constitute a defect or harm to the contracting parties. The ruling defaults to the situation where no condition was made, and the ruler shall place the slave in the custody of someone permissible.