Is it valid to lend something for the purpose of pledging it?
Machine translationRead the Arabic original
The questioner : Okay, this is also understood. He lent him something to pledge it. Understood? This is no trouble. Salih, Salih.
The Shaykh : He lent him something to pledge it, understood? Okay, a man came to my mother and said, "By Allah, I took dirhams from so-and-so as a loan and asked him for a pledge, but I have nothing." So I said, "Take this book as a loan to pledge it." Clear? Okay, so this book is a loan with respect to the pledgor and with respect to the owner of the right
The presenter : Yes.
The Shaykh : it is a pledge. This involves overlapping contracts. Now, one item has become a pledge for one person and a loan for another. Okay, the pledge is obligatory and the loan is not obligatory. Does the loan here, when the pledge enters into it, become obligatory or not? There is disagreement on this, and al-Harithi’s statement is good. Yes, yes. If its owner permits, it succeeds.
The presenter : Yes.
The Shaykh : It is valid because the sale is in the hands of the owner. It is valid to sell with the owner’s permission, because if the owner permits its pledge, he has permitted its sale, because he knows that if the term expires and it is not paid, it will be sold.
The presenter : Muhammad.
The Shaykh : Even over the long term, yes.
The Shaykh : He lent him something to pledge it, understood? Okay, a man came to my mother and said, "By Allah, I took dirhams from so-and-so as a loan and asked him for a pledge, but I have nothing." So I said, "Take this book as a loan to pledge it." Clear? Okay, so this book is a loan with respect to the pledgor and with respect to the owner of the right
The presenter : Yes.
The Shaykh : it is a pledge. This involves overlapping contracts. Now, one item has become a pledge for one person and a loan for another. Okay, the pledge is obligatory and the loan is not obligatory. Does the loan here, when the pledge enters into it, become obligatory or not? There is disagreement on this, and al-Harithi’s statement is good. Yes, yes. If its owner permits, it succeeds.
The presenter : Yes.
The Shaykh : It is valid because the sale is in the hands of the owner. It is valid to sell with the owner’s permission, because if the owner permits its pledge, he has permitted its sale, because he knows that if the term expires and it is not paid, it will be sold.
The presenter : Muhammad.
The Shaykh : Even over the long term, yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 340 - هل تصح إعارة شيء لرهنه؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.