What is the status of the pledge upon the death of the pledger?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Upon the death of the pledger, his heirs do not become obligated to deliver possession because they stand in his place, and possession was not obligatory upon him after his death. If the deceased had no debts other than this one, and the heirs wish to deliver the pledge to the pledgee, it is permissible.
Supporting text
If the deceased had other debts, the apparent ruling of the school is that the heir cannot specifically grant the pledged item to the pledgee over other creditors. However, another narration suggests they may do so, based on reports that if the pledger dies or becomes bankrupt, the pledgee has priority over other creditors, without considering whether possession occurred before or after death. This ruling might apply specifically where possession was not required (i.e., for items other than measured or weighed goods), where the pledge was binding upon contract and thus obligatory upon the heir to deliver.