What is the ruling on returning a pledged item (Rahn) if a defect appears after another defect occurred while it was in the possession of the pledgee (Mortgagee)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a defect appears in the pledged item after another defect has already occurred while it was in the possession of the pledgee, the pledgor has the right to return the item and dissolve the underlying contract (sale). This is because the pledgee is not responsible for guaranteeing defects that arise while the item is in the possession of the pledgor. This differs from a regular sold item. The correct position affirms the right to dissolution.

Supporting text

The judge derived two narrations based on the ruling of sale. According to one narration, if the right to return the sold item is not established, then the right to dissolve the contract is also not established.