What is the ruling on specifying an unknown pledge or guarantor in a sale condition?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Stating 'on the condition of my pledging one of these two slaves' or 'one of these two men guaranteeing me' renders the condition void because the object is indeterminate, which is impermissible without specification, mirroring the rule in sales contracts. This is the position of Imam Shafi'i.
Supporting text
Abu Hanifa holds that saying 'on the condition that I pledge one of these two slaves' is valid because his sale contract is valid generally. Malik and Abu Thur permit specifying an unknown pledge, arguing it is a security (*wathiqah*) and should therefore be validly conditioned universally, similar to testimony.