What is the ruling on stipulating that the pledgee may benefit from the pledge within the contract?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Stipulating that the pledgee may benefit from the pledge is an invalid condition because it contradicts the inherent nature of a pledge (Rahn). The ruling is that the condition is void due to the ambiguity of the price.
Supporting text
From Ahmad, there is a narration that it is permissible concerning a sold item. Al-Qadi interprets this to mean the seller says, 'I sold you this garment for one Dinar, on the condition that you pledge your slave to me to serve for a month.' This constitutes a valid sale and lease combined. Malik permitted stipulating the usufruct of the pledge for a period in houses and lands, but disliked it for animals and clothing, and disliked it in the case of a loan. Our position is that since the condition contradicts the pledge, it is not valid, analogous to stipulating it in a loan.