It is permissible to pledge something as a loan that the debtor owns. Due to the expenses of the pledged item, one may ride an animal that is pledged and drink its milk.
Linguistic Explanation: The word “rahn” is a verbal noun from the root رَهَنَ يَرْهَنُ (fatha). It means to pledge, to be pledged, to remain, to stop, and to be obligatory. The form اِرْتَهَنَ (iftaal) means to take a pledge. The form اسْتَرُهَنَ (istifaal) means to request a pledge. “Rahin” means the one who pledges. مرتهن means the one to whom the pledge is given. مَرهُون يا رهين means the pledged item.
[Al-Munjid: p.318, Al-Qamus Al-Muheet: p.1551]
Technical Definition: To give some property as a document in exchange for a loan.
[Nil Al-Awtar: 247/3, Sabil Al-Salam: 1155/3, Al-Durr Al-Mukhtar: 339/5, Al-Mabsut: 63/21, Al-Fiqh Al-Islami wa Adillatuhu: 4207/6]
1. Allah Almighty says:
وَإِن كُنتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَّقْبُوضَةٌ [Al-Baqarah: 283]
“And if you are on a journey and cannot find a scribe, then take a pledge in possession.”
The restriction of travel is mostly because the absence of a scribe usually occurs during travel. However, except for Ahl al-Zahir, Imam Dhahhak (RA), and Mujahid (RA), all scholars agree on the permissibility of pledging in a settled place.
[Al-Mughni: 327/4, Al-Muhadhdhab: 305/1, Bada’i Al-Sana’i: 135/6, Bidayat Al-Mujtahid: 271/2, Al-Qawanin Al-Fiqhiyyah: p.323, Al-Ifsaah: 238/1, Al-Fiqh Al-Islami wa Adillatuhu: 4209/6, Al-Rawdah Al-Nadiyyah: 304/2]
2. It is narrated from Hazrat Aisha (RA) that:
توفى رسول الله ودرعه مرهونة عند يهودى بثلاثين صاعا من شعير
“When the Messenger of Allah (PBUH) passed away, his crops were pledged with a Jew for thirty Sa’ (a measure).”
[Bukhari: 2069, Book of Jihad and Expeditions: Chapter on what was said about the Prophet’s armor and shirt in war, Muslim: 1603, Ahmad: 42/6, Nasai: 288/7, Ibn Majah: 2436]
From the above hadith, the permissibility of such dealings with non-Muslims emerges, for which there is no explicit prohibition. Also, it is permissible to pledge weapons with non-combatants besides the people of war.
[Nil Al-Awtar: 619/3]
It is narrated from Hazrat Abu Hurairah (RA) that the Messenger of Allah (PBUH) said:
الظهر يركب بنفقته إذا كان مرهونا ولبن الدر يشرب بنفقته إذا كان مرهونا وعلى الذى يركب ويشرب النفقة
“It is permissible to ride a pledged animal and drink the milk of a milking animal in exchange for the expenses and costs, and the one who rides and drinks is responsible for the expenses.”
[Bukhari: 2512, Book of Pledge: Chapter on pledged rideable and milkable animals, Abu Dawood: 3526, Tirmidhi: 1254, Ibn Majah: 2440, Sharh Ma’ani Al-Athar: 98/4, Dar Qutni: 34/3, Bayhaqi: 38/6]
(Abu Hanifa) It is permissible for the mortgagor to benefit from the pledged item.
(Malik) It is permissible if the pledgee allows benefiting or if the mortgagor has stipulated it; otherwise, it is not permissible.
(Shafi’i) Holds the same view.
(Jamhur) They also prefer Imam Malik’s opinion.
(Ahmad) One can benefit equal to the expenses.
(Ibn Qudamah) The mortgagor cannot benefit from the pledged item except if it is something that can be ridden or milked; then, it is permissible to ride it and use its milk equivalent to the fodder.
[Al-Mughni: 509/6]
(Ibn Qayyim) It is generally permissible to benefit from pledged items.
[Bada’i Al-Sana’i: 146/6, Tabyin Al-Haqaiq: 68/6, Bidayat Al-Mujtahid: 273/2, Al-Ifsaah: 238/1, Mughni Al-Muhtaj: 121/2, Nil Al-Awtar: 620/3, A’lam Al-Muwaqqi’in: 411/2]
(Preferred) This issue requires some detail to understand. If the pledged item does not require expenses, such as a house or other belongings, then under no circumstances is it permissible for the mortgagor to benefit from it without the pledgee’s permission. There should be no disagreement on this because the pledged item belongs to the pledgee, and its profit is also theirs; therefore, it is not permissible for anyone else to benefit from it without permission.
(Ibn Qudamah) Holds the same view.
[Al-Mughni: 509/6]
If the pledged item requires expenses, such as livestock, then the mortgagor may benefit from it equal to the expenses incurred, as mentioned in the previous hadith. It should also be remembered that if a house requires expenses, then benefiting from it equal to the expenses is also permissible because benefiting is linked to the expenses. والله اعلم
And the pledge should not be withheld forever (due to non-payment of the loan).
It is narrated from Hazrat Abu Hurairah (RA) that the Messenger of Allah (PBUH) said:
لا يغلق الـرهـن مــن صاحبه الذى رهنه له غنمه و عليه غرمه
“The pledged item should not be withheld from its owner; its benefit is also for him, and he is responsible for the ransom.”
[Weak: Dar Qutni: 32/3, Hakim: 51/2, Bayhaqi: 39/6, Mawarid Al-Dhamaan: 1123, Tarteeb Al-Musnad Lil-Shafi’i: 164/2. This narration is weak. Hafiz Ibn Hajar said all its chains are weak. Talkhis Al-Habeer: 84/3. It is also narrated in Bulugh Al-Maram that its narrators are trustworthy but it is a mursal narration in Abu Dawood and others. Bulugh Al-Maram: p.193. This narration is also in brief words in Sunan Ibn Majah: 2441 but it is also weak. Weak Ibn Majah: 531, Irwa’ Al-Ghaleel: 242/5]
Withholding the pledge means that if the pledgee cannot repay the loan, then the mortgagor will not become the rightful owner of the pledged item.
[Sabil Al-Salam: 1157/3, Nil Al-Awtar: 621/3, Al-Rawdah Al-Nadiyyah: 307/2, Tarteeb Al-Qamus: Ghalq]
In the pre-Islamic era, if the mortgagor did not repay the loan within the specified period, the pledgee would become the owner of the pledged item; therefore, the Shariah invalidated this.
[Nil Al-Awtar: 621/3, Sabil Al-Salam: 1157/3]
◈ If the pledged item is destroyed without the mortgagor’s excess or betrayal, then he is not liable or responsible; otherwise, he is responsible.
[Al-Rawdah Al-Nadiyyah: 308/2]
