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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب الرهن والاجارةBook of Pledges and Leasing
Benefiting from a pledged animal
Hadith 469
اُردوEn
أَخْبَرَنَا وَكِيعٌ، نا زَكَرِيَا بْنُ أَبِي زَائِدَةَ، عَنِ الشَّعْبِيِّ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ، عَنْ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: ((الظَّهْرُ يُرْكَبُ بِنَفَقَتِهِ، وَلَبَنُ الدَّرِّ يُشْرَبُ إِذَا كَانَ مَرْهُونًا، وَعَلَى الَّذِي يَرْكَبُ وَيَشْرَبُ نَفَقَتُهُ)).
Narrated by Sayyiduna Abu Hurairah (may Allah be pleased with him) from the Messenger of Allah (peace and blessings be upon him), he said: "When a riding animal is held as collateral, it may be ridden because of the expenditure on it, and a milking animal's milk may be drunk. Whoever rides or drinks the milk will bear the expense."
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
Rahn (pledge) means to give some property as a document in exchange for a loan, and its evidence is also found in the Noble Qur’an:
﴿وَ اِنْ كُنْتُمْ عَلٰى سَفَرٍ وَّ لَمْ تَجِدُوْا كَاتِبًا فَرِهٰنٌ مَّقْبُوْضَةٌ﴾ ()
“And if you are on a journey and cannot find a scribe, then a pledge taken into possession (may suffice).”
It is narrated from Sayyidah Aisha radi Allahu anha that when the Messenger of Allah sallallahu alayhi wa sallam passed away, his coat of mail was held in pledge with a Jew in exchange for thirty sa’ of barley. (Bukhari, no. 2069)
From the above hadith, it is understood that if the one holding the pledge keeps an animal, when he spends on it, he may also benefit from it. There is a difference of opinion among the scholars regarding whether benefit can be taken from every pledged item or not.
Imam Abu Hanifah rahimahullah has said that the one with whom something is pledged may benefit from it.
The position of Imam Shafi’i and Imam Malik is that if the original owner has given permission, or if the one with whom the item is pledged has stipulated a condition, then benefit may be taken; otherwise, it is not permissible. Imam Ahmad rahimahullah has said: Only as much benefit may be taken as corresponds to the expenses incurred on it. (Bidayat al-Mujtahid: 2/273; Nayl al-Awtar: 3/620)
Allamah Ibn Qayyim rahimahullah has said: Benefit may be taken from the pledged item absolutely. (I’lam al-Muwaqqi’in: 2/411)
However, from the aforementioned hadith, it is understood that benefit should be taken only in proportion to the expenses incurred on the item. Therefore, this ruling does not necessarily apply to a house or shop; rather, the rent of the shop or house should be given to the original owner.
Rahn (pledge) means to give some property as a document in exchange for a loan, and its evidence is also found in the Noble Qur’an:
﴿وَ اِنْ كُنْتُمْ عَلٰى سَفَرٍ وَّ لَمْ تَجِدُوْا كَاتِبًا فَرِهٰنٌ مَّقْبُوْضَةٌ﴾ ()
“And if you are on a journey and cannot find a scribe, then a pledge taken into possession (may suffice).”
It is narrated from Sayyidah Aisha radi Allahu anha that when the Messenger of Allah sallallahu alayhi wa sallam passed away, his coat of mail was held in pledge with a Jew in exchange for thirty sa’ of barley. (Bukhari, no. 2069)
From the above hadith, it is understood that if the one holding the pledge keeps an animal, when he spends on it, he may also benefit from it. There is a difference of opinion among the scholars regarding whether benefit can be taken from every pledged item or not.
Imam Abu Hanifah rahimahullah has said that the one with whom something is pledged may benefit from it.
The position of Imam Shafi’i and Imam Malik is that if the original owner has given permission, or if the one with whom the item is pledged has stipulated a condition, then benefit may be taken; otherwise, it is not permissible. Imam Ahmad rahimahullah has said: Only as much benefit may be taken as corresponds to the expenses incurred on it. (Bidayat al-Mujtahid: 2/273; Nayl al-Awtar: 3/620)
Allamah Ibn Qayyim rahimahullah has said: Benefit may be taken from the pledged item absolutely. (I’lam al-Muwaqqi’in: 2/411)
However, from the aforementioned hadith, it is understood that benefit should be taken only in proportion to the expenses incurred on the item. Therefore, this ruling does not necessarily apply to a house or shop; rather, the rent of the shop or house should be given to the original owner.
Source: Musnad Ishaq bin Rahwayh, Page: 469
