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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on the pledgor stipulating a condition for himself in a pledge

Machine translationRead the Arabic original
The questioner:
Your Eminence, what is the ruling on this?

The Shaykh:
Yes, you have heard that the owner of the right is permitted to demand payment from whichever of the two he wishes. It is permissible to demand from the guarantor and leave the principal debtor, or the reverse: demand from the principal debtor and leave the guarantor. He may demand from whichever of the two he wishes. Yes.

The questioner:
He says: Honorable Shaykh, may Allah grant you success.

The Shaykh:
If the pledgor stipulates a condition for himself by saying, "If I do not lie to you, O pledgee, then the pledge is yours," is that valid for him? No. This is an invalid condition. It contradicts the saying of the Messenger (peace and blessings be upon him)
Allah's Messenger (ﷺ) said: "A pledge does not become lost to its ownerصلى الله عليه وسلم لا يغلق الرهن من صاحبه
Bulugh al-Maram 7:97
meaning it does not hold true.

The questioner:
Even if he returns it.

The Shaykh:
That is not permissible, because his refusal of the water is a bundle. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/84 شرح زاد المستقنع/ صالح الفوزان — youtube.com (19:42)

The Arabic text is a machine transcription of the audio recording.

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