The Condition of Taking Possession for the Validity of a Pledge
Machine translationRead the Arabic original
Question:
The listener Abdullah says: Is it a condition for the validity of a pledge that it be taken into possession, based on the apparent meaning of the verse, "a pledge that is taken into possession," or is it not a condition?
Answer:
There is scholarly disagreement on this issue. Some scholars hold that taking possession of the pledge is necessary, but this is difficult for people and renders the benefits of the pledged properties unusable. It appears, and Allah knows best, that this refers to travel.[Al-Baqarah 2:283] Taking possession is specific to travel. As for a pledge in a settled location, that is not feasible or not required due to the hardship. Yes.
The presenter:
May Allah reward you.
The listener Abdullah says: Is it a condition for the validity of a pledge that it be taken into possession, based on the apparent meaning of the verse, "a pledge that is taken into possession," or is it not a condition?
Answer:
There is scholarly disagreement on this issue. Some scholars hold that taking possession of the pledge is necessary, but this is difficult for people and renders the benefits of the pledged properties unusable. It appears, and Allah knows best, that this refers to travel.
you are on a journey and cannot find a scribe, then a security deposit [should be] taken. And if
كُنتُمْ عَلَىٰ سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَّقْبُوضَةٌ فَإِنْThe presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 03/205 — archive.org (17:48)
The Arabic text is a machine transcription of the audio recording.