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سنن ابن ماجه
Ibn Majah
كتاب الرهونThe Chapters on Pawning
بَابُ : لاَ يَغْلَقُ الرَّهْنُChapter: Pawned Items Are Not To Be Forfeited
Hadith 2441
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ حُمَيْدٍ ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ الْمُخْتَارِ ، عَنْ إِسْحَاق بْنِ رَاشِدٍ ، عَنِ الزُّهْرِيِّ ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ ، عَنْ أَبِي هُرَيْرَةَ ، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " لَا يَغْلَقُ الرَّهْنُ " .
´It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:` “Do not forfeit items held in pledge.”
Brief Explanation
1؎: This practice had continued from the time of Jahiliyyah (pre-Islamic ignorance) that if the mortgagor (rahin) was unable to repay the loan at the appointed time, his pledged property would be forfeited. Islam refuted this oppressive system, and by declaring the pledged item (marhun) as a trust (amanah) with the mortgagee (murtahin), it kept it in the ownership of the mortgagor (rahin). The mortgagor was instructed to make every effort to repay the loan; if, despite his efforts, he was unable to repay, then it was ordered that the pledged item (marhun) be sold to fulfill the debt, and any remaining amount be returned to the mortgagor (rahin).
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
In the era of ignorance (Jahiliyyah), it was customary that if the debtor did not repay the loan at the appointed time, the pledged item (rahn) would become the property of the creditor, and even if the loan was later repaid, the debtor could not reclaim that item. However, there is no justification for not returning the pledged item even after the loan has been repaid after the appointed time.
In the era of ignorance (Jahiliyyah), it was customary that if the debtor did not repay the loan at the appointed time, the pledged item (rahn) would become the property of the creditor, and even if the loan was later repaid, the debtor could not reclaim that item. However, there is no justification for not returning the pledged item even after the loan has been repaid after the appointed time.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2441
