كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1495
Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibn
al-Musayyab that the Messenger of Allah, may Allah bless him and grant
him peace, said, 'The pledge given as security is not forfeited.' "
Malik said, "The explanation of that according to what we
think - and Allah knows best - is that a man gives a pledge to
somebody in security for something. The pledge is superior to that for
which he pawned it. The pledger says to the pawn-broker, 'I will bring
you your due, after such-and-such a time. If not, the pledge is yours
for what it was pawned for.' "
Malik said, "This transaction
is not good and it is not halal. This is what was forbidden. If the
owner brings what he pledged it for after the period, it is his. I
think that the time condition is void."
قَالَ يَحْيَى حَدَّثَنَا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ يَغْلَقُ الرَّهْنُ " .
| Reference | : Muwatta Malik 1495 |
| In-book reference | : Book 36, Hadith 35673 |
| USC-MSA web (English) reference | : Book 7, Hadith 1495 |
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