(may Allah be pleased with him), who said: The Messenger of Allah (may Allah bless him and grant him peace) said: "The mount (al-zahr) is ridden for its maintenance when it is pledged, and the milk of the milking animal is drunk for its maintenance when it is pledged, and upon the one who rides and drinks lies the maintenance." Narrated by Al-Bukhari (7). And on the authority of Abu Hurayra (may Allah be pleased with him), that the Messenger of Allah (may Allah bless him and grant him peace) said: "The pledge shall not be sealed (la yaghlaq al-rahn)" (8). As for consensus (ijma'), the Muslims have reached a consensus on the permissibility of a pledge in general.

Section: A pledge is permissible in residence (al-hadar), just as it is permissible during travel (al-safar). Ibn al-Mundhir said: We do not know of anyone who disagreed on this, except Mujahid, who said: A pledge is only valid during travel, because Allah the Almighty stipulated travel for the pledge in His saying: "And if you are on a journey and cannot find a scribe, then a pledge in possession." Our argument is that the Prophet (may Allah bless him and grant him peace) bought food from a Jew and pledged his coat of mail to him, and both were in Medina. Furthermore, since it is a security that is permissible in travel, it is therefore permissible in residence, like a guarantee (daman). As for the mention of travel, it was stated as a description of the prevailing condition, because a scribe is often unavailable during travel. That is why He did not stipulate the absence of a scribe, even though it is mentioned alongside it.

Section: A pledge is not mandatory (wajib). We know of no dissenter regarding this, because it is a security for a debt, so it does not become mandatory, like a guarantee or surety (kifaya). The saying of Allah the Almighty: "Then a pledge in possession" is guidance for us, not an obligation upon us, by evidence of Allah the Almighty's saying: "Then if one of you trusts another, let him who is trusted discharge his trust." Furthermore, because He commanded it at the time of the inability (9) to write, and writing is not mandatory, so too is its substitute.

Section: A pledge has three states. The first is that it occurs after the right is established; in this case, it is valid by consensus, because it is a fixed debt where there is a need (10) to take security for it, so it is permissible to take it as such.