The Ruling on Neglecting Books, the Condition of Pledging, and the Difference Between Guarantee and Surety
Machine translationRead the Arabic original
The questioner:
From your eminence.
The Shaykh:
This is not permissible. It is not permissible to be negligent with books and throw them away. They are respected; they contain verses, hadiths, the words of scholars, and legal rulings. Therefore, they must be treated with respect and not thrown away, for they are to be respected.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man lent another man money and pledged gold with him, saying, "If I do not repay the amount, you will take the gold in place of the money." Is this permissible? No.
The Shaykh:
You take it; it is permissible for him to have gold with you. But his saying, "You will take the gold," is not allowed. Rather, the gold is sold, the debt is paid from the proceeds, and if anything remains, it is returned to the owner of the gold. It is not confiscated.
The questioner:
Is it valid to place the house deed or the car registration in the hands of the pledgee?
The Shaykh:
Provided that the pledged item, which is the house or the car, remains in the possession of the pledgor and he disposes of it as he wishes? Yes, this is valid. And does this occur frequently among Muslims?
The questioner:
By not emptying the house or not handing over the car registration until the debt is repaid. This is a solution to the problem.
The Shaykh:
Yes.
From your eminence.
The Shaykh:
This is not permissible. It is not permissible to be negligent with books and throw them away. They are respected; they contain verses, hadiths, the words of scholars, and legal rulings. Therefore, they must be treated with respect and not thrown away, for they are to be respected.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man lent another man money and pledged gold with him, saying, "If I do not repay the amount, you will take the gold in place of the money." Is this permissible? No.
The Shaykh:
You take it; it is permissible for him to have gold with you. But his saying, "You will take the gold," is not allowed. Rather, the gold is sold, the debt is paid from the proceeds, and if anything remains, it is returned to the owner of the gold. It is not confiscated.
The questioner:
Is it valid to place the house deed or the car registration in the hands of the pledgee?
The Shaykh:
Provided that the pledged item, which is the house or the car, remains in the possession of the pledgor and he disposes of it as he wishes? Yes, this is valid. And does this occur frequently among Muslims?
The questioner:
By not emptying the house or not handing over the car registration until the debt is repaid. This is a solution to the problem.
The Shaykh:
Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/84 شرح زاد المستقنع/ صالح الفوزان — youtube.com (10:24)
The Arabic text is a machine transcription of the audio recording.