What is the ruling on a pledge taken for a loan if the debt is later settled by an agreed-upon commodity in one's liability?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If a person lends a thousand units and takes a pledge against it, and subsequently settles that thousand debt with an agreed-upon food item (*ta'am ma'lum*) in the debtor's liability, the settlement is valid. Consequently, the pledge is extinguished because the debt liability has been discharged. The agreed-upon food item remains a liability (*dhimma*). The receipt (*qabdh*) of this food commodity must occur in the same session where the settlement is agreed upon, to prevent the transaction from constituting a sale of debt for debt.
Supporting text
If the parties separate before the receipt of the agreed-upon commodity, the settlement becomes void. The original loan amount (the thousand units) reverts to the debtor's liability, and the pledge associated with it is reinstated, analogous to when fermented grape juice (*asir*) turns back into vinegar (*khamr*). The same ruling applies if the settlement for dirhams is made with dinars due in one's liability.