كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1497
Yahya said that he had heard Malik say, "The undisputed way of
doing things in our community concerning pledges is that in cases
where land or a house or an animal are known to have been destroyed
whilst in the possession of the broker of the pledge, and the
circumstances of the loss are known, the loss is against the pledger.
There is no deduction made from what is due to the broker at all. Any
pledge which perishes in the possession of the broker and the
circumstances of its loss are only known by his word, the loss is
against the broker and he is liable for its value. He is asked to
describe whatever was destroyed and then he is made to take an oath
about that description and what he loaned on security for it. "Then
people of discernment evaluate the description. If the pledge was
worth more than what the broker loaned, the pledger takes the extra.
If the assessed value of the pledge is less than what he was loaned,
the pledger is made to take an oath as to what the broker loaned and
he does not have to pay the extra which the broker loaned above the
assessed value of the pledge. If the pledger refuses to take an oath,
he has to give the broker the extra above the assessed value of the
pledge. If the broker says that he doesn't know the value of the
pledge, the pledger is made to take an oath on the description of the
pledge and that is his if he brings a matter which is not disapproved
of."
Malik said, "All this applies when the broker takes the
pledge and does not put it in the hands of another."
| Reference | : Muwatta Malik 1497 |
| In-book reference | : Book 36, Hadith 35675 |
| USC-MSA web (English) reference | : Book 7, Hadith 1497 |
| (deprecated numbering scheme) |
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