The ruling on one who pledges an item he believes belongs to another, but it is actually his property
Machine translationRead the Arabic original
Question : If a man pledges an item he believes belongs to another, but it is actually his property, there are two views. One is that the pledge is valid because it coincided with his ownership. The other is that it is not valid because he contracted it while believing it to be defective. Also, it is not permissible to pledge pledged items without permission.
Answer : The view that it is valid is the correct one, because the decisive factor is what is the case in reality. If a man pledges a house to a living person, and it is later revealed that the owner has died and that the person to whom the house was pledged is his heir, the pledge is valid, because it was revealed that the owner had died. Yes.
Answer : The view that it is valid is the correct one, because the decisive factor is what is the case in reality. If a man pledges a house to a living person, and it is later revealed that the owner has died and that the person to whom the house was pledged is his heir, the pledge is valid, because it was revealed that the owner had died. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4452] حكم من رهن عينًا يظنها لغيره وكانت ملكه - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
