A Pledged Item Is Destroyed

It is narrated from Hazrat Ata that a person pawned a horse with another, and the horse perished while in his possession. The Holy Prophet (peace be upon him) said to the pawnee: Your right has been lost.

Hazrat Shurayh says: The mortgaged item will bear loss in proportion to its value (i.e., the amount will be reduced accordingly).

It is narrated in the same way from Hazrat Shurayh.

It is narrated in the same manner from Hazrat Shurayh (may Allah have mercy on him).

It is narrated in the same way from Hazrat Shurayh.

It is also narrated in the same way from Hasan.

Hazrat Ibn Ulayyah says that I asked Hazrat Ibn Abi Najeeh, "If the pledged item is destroyed?" He replied, "Hazrat Ata says: Gold, silver, and goods will be returned. However, animals will not be returned. This is from the first (opinion)."

Ibrahim says that if the pledged item is more than what it was pledged for, then regarding the excess, he is a trustee; and if it is less than that, then if the loss is returned, it is better.

Hazrat Tawus says that the value of the pledge will be reduced accordingly.

It is also narrated in the same manner from Hazrat Ibn Sirin.

Hazrat Ibn Umar (may Allah be pleased with them both) regarding mortgage says that both parties will return any excess to each other (that is, whoever has an extra amount left will return it to the other).

It is narrated in a similar manner from Hazrat Ali (may Allah be pleased with him).

Hazrat Ali (may Allah be pleased with him) said that if the pledged item is more than what it was pledged for and it is destroyed, then it is lost because in the excess he is a trustee, and if the pledged item is less and then it is destroyed, then the pledger will return the excess.

It is also narrated in the same manner from Ibrahim (may Allah have mercy on him).

Hazrat Shabbak says that I asked Ibrahim (may Allah have mercy on him) that a person pledged one hundred dirhams as collateral for two hundred dirhams, then the one hundred dirhams were destroyed. He said: If the excess is returned, it is better.

Hazrat Aamir (may Allah be pleased with him) says: The mortgaged item will be in exchange for the wealth for which it was pledged.

It is narrated in the same way from Hazrat Shurayh. Hazrat Shu’bah says that I asked Hazrat Hakam, “If it is less or more, is it the same?” He replied: “Yes!”

24283 - He said: Shu’bah (so I said) (1) to Al-Hakam regarding his statement: If it is (less) (2) or more, it is the same, he said: Yes.

The Noble Prophet (peace and blessings be upon him) said: The mortgaged item cannot be withheld. It is the right of the one who has given it as collateral. The profit (i.e., increase and growth) of the mortgaged item also belongs to him, and its liability is also upon him.

It is narrated from Hazrat Muawiyah bin Abdullah bin Ja'far that a person mortgaged a house for a fixed period. When the time was completed, the mortgagee said, "This is my house." The Holy Prophet (peace be upon him) said: The mortgage cannot be withheld.

Hazrat Ata says that we have always heard that the pawn and whatever was in it would be lost.

The pledged item from Hazrat Ata will become the property of that wealth for which it was pledged.

Hazrat Umar (may Allah be pleased with him) said: If the value of the mortgaged item is greater than the thing for which it was mortgaged, then the excess will be considered as mortgage with the person (with whom it is mortgaged). And if the value of the mortgaged item is less, then the mortgagor will pay the remaining amount to that person.

Hazrat Ibn Sirin says that the value of the pledged item will be reduced in proportion to the amount of the debt.

Hazrat Jaban says that I came to Hazrat Shurayh while disputing about a gold ring, so the mortgaged item will be in exchange for that thing for which it was kept as collateral.