موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب الرهونBook: On the Explanation of Pledges (Mortgages)
بَابُ الْقَضَاءِ فِي جَامِعِ الرُّهُونِRuling on all types of collateral
Hadith 1428Q9
Imam Malik, may Allah have mercy on him, said that if a person pledged something as collateral, and it was destroyed while with the mortgagee, but there is no disagreement between the pledger and the mortgagee regarding the amount of the pledged money, however, there is a disagreement about the value of the pledged item. The pledger says: Its value is twenty dinars. And the mortgagee says: Its value was ten dinars and the pledge is twenty dinars. The mortgagee will be asked to describe the characteristics of the pledged item, and when he describes it, he will be made to swear an oath, and then people of insight will be asked about the value of such an item. If its value is more than the pledged money, the mortgagee will be told to give the excess amount to the pledger. If the value is less, the mortgagee will take the difference from the pledger. If it is equal, then the matter is settled; neither party owes anything to the other.
Imam Malik, may Allah have mercy on him, said that if the pledged item is present, but the pledger states the pledged money as ten dinars and the mortgagee as twenty dinars, then the mortgagee will take an oath. If the value of the pledged item is twenty dinars, he will take that item in exchange for his debt. However, if the pledger wants to take his item by paying twenty dinars, he may do so. If the value of the pledged item is less than twenty dinars, then the mortgagee will take an oath, and then the pledger will have the option to either pay twenty dinars and take his item, or he himself will take an oath that he pledged it for such an amount. If he takes an oath, then the amount by which the mortgagee has stated the debt to be more than the value of the pledged item will be dropped from his liability; otherwise, he will have to pay.
Imam Malik, may Allah have mercy on him, said that if the pledged item is destroyed, and now there is a disagreement regarding the amount of the pledged money and the value of the pledged item, the mortgagee says: The pledged money was twenty dinars and the value of the pledged item was ten dinars, and the pledger says: The pledged money was ten dinars and the value of the pledged item was twenty dinars, then the mortgagee will be asked to describe the characteristics of the pledged item, and when he describes it, he will be made to swear an oath, and then people of insight will be asked to estimate its value. If the value is more than twenty dinars (for example, thirty dinars), then after the mortgagee swears an oath, the excess amount (for example, ten dinars) will be given to the pledger. If the value is less than twenty (for example, fifteen dinars), then after the mortgagee swears an oath on the pledged money, the amount of the value will be considered as received by the mortgagee, and for the remaining amount, the pledger will be made to swear an oath. If he swears an oath, the mortgagee will not be able to take anything from the pledger; if he does not swear an oath, then the amount by which twenty dinars exceeds the value will be given to the mortgagee from the pledger.
Imam Malik, may Allah have mercy on him, said that if the pledged item is present, but the pledger states the pledged money as ten dinars and the mortgagee as twenty dinars, then the mortgagee will take an oath. If the value of the pledged item is twenty dinars, he will take that item in exchange for his debt. However, if the pledger wants to take his item by paying twenty dinars, he may do so. If the value of the pledged item is less than twenty dinars, then the mortgagee will take an oath, and then the pledger will have the option to either pay twenty dinars and take his item, or he himself will take an oath that he pledged it for such an amount. If he takes an oath, then the amount by which the mortgagee has stated the debt to be more than the value of the pledged item will be dropped from his liability; otherwise, he will have to pay.
Imam Malik, may Allah have mercy on him, said that if the pledged item is destroyed, and now there is a disagreement regarding the amount of the pledged money and the value of the pledged item, the mortgagee says: The pledged money was twenty dinars and the value of the pledged item was ten dinars, and the pledger says: The pledged money was ten dinars and the value of the pledged item was twenty dinars, then the mortgagee will be asked to describe the characteristics of the pledged item, and when he describes it, he will be made to swear an oath, and then people of insight will be asked to estimate its value. If the value is more than twenty dinars (for example, thirty dinars), then after the mortgagee swears an oath, the excess amount (for example, ten dinars) will be given to the pledger. If the value is less than twenty (for example, fifteen dinars), then after the mortgagee swears an oath on the pledged money, the amount of the value will be considered as received by the mortgagee, and for the remaining amount, the pledger will be made to swear an oath. If he swears an oath, the mortgagee will not be able to take anything from the pledger; if he does not swear an oath, then the amount by which twenty dinars exceeds the value will be given to the mortgagee from the pledger.
