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

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the pledged item is a male slave, stipulating his location is valid. It is also valid even if no location is stipulated, similar to the female slave. The stronger opinion holds that they are equivalent, as the female slave is deemed equivalent to the male slave in this regard when the pledgee is a permissible custodian. If the pledgee of the male slave is an unmarried woman and the condition leads to forbidden seclusion with her, the condition is void.

Supporting text

It is suggested that stipulations regarding the location of the male slave might not be valid because the female slave is conventionally treated differently in this regard compared to the male slave.