The ruling on the pledgor stipulating that the pledge belongs to the pledgee if the debt is not repaid
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the pledgor stipulates for himself by saying, “If I do not repay you, O pledgee, then the pledge is yours,” is that permissible for him?
Answer:
No, this is an invalid condition. It contradicts the saying of the Messenger (peace and blessings be upon him)Bulugh al-Maram 7:97 meaning that it does not become valid even if he consents, because this is not permissible, for it is consuming wealth unjustly.
He says: Honorable Shaykh, may Allah grant you success, if the pledgor stipulates for himself by saying, “If I do not repay you, O pledgee, then the pledge is yours,” is that permissible for him?
Answer:
No, this is an invalid condition. It contradicts the saying of the Messenger (peace and blessings be upon him)
A pledge does not become lost to its owner
لَا يَغْلَقُ اَلرَّهْنُ مِنْ صَاحِبِهِ
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 054-تكملة الرهن - الضمان - الحوالة - 16-8-23 هـ — archive.org (1:22:47)
The Arabic text is a machine transcription of the audio recording.