our companions: what is measured by volume or weight, its pledge does not become binding except through possession. Regarding other than these, there are two narrations; one of them is that it is not binding except through possession, and the other is that it is binding by the mere contract, like a sale. Ahmad has explicitly stated this in the narration of Al-Maymuni, and the Qadi interpreted the words of Al-Khiraqi as pertaining specifically to what is measured by volume or weight. This is not correct, for the words of Al-Khiraqi, despite their generality, were followed by what indicates the intent of generalization, which is his saying: "If it is of the type that can be moved, its possession is his taking it from its pledger as a moved item, and if it is of the type that cannot be moved, such as houses and lands, its possession is by the pledger vacating it for him." And Ahmad [has said] regarding a house or a slave girl, if he returns it to the pledger: It is not a pledge in that instance. This is like the words of Al-Khiraqi. Malik said: The pledge becomes binding by the mere contract before possession; because it is a contract that becomes binding upon possession, so it is binding before it, like a sale. Our argument is the saying of Allah the Almighty: "Then a pledge in possession." He described it as being in possession. And because it is a contract of facilitation (irfaq) that requires acceptance, so it requires possession, like a loan (qard). And because it is a pledge that has not been possessed, so it does not necessitate its being handed over, just as if the pledger died. It does not resemble a sale, for a sale is an exchange (mu'awada) and is not a facilitation. And the saying of Al-Khiraqi: "from one who has the right to act" means that the pledger who pledges and gives possession must be legally competent to act regarding his property, which is the free, legally responsible (mukallaf), and rational adult. He must not be interdicted (mahjur) due to minority, insanity, stupidity (safah), or bankruptcy (falas). This is considered at the time of his pledging and giving possession; because the contract and delivery are not mandatory, but rather they are up to the choice of the pledger. So if he does not have sound choice, it is not valid. And because it is a type of disposition regarding property, so it is not valid from one who is interdicted without permission, like a sale. If one of the two parties to the pledge becomes insane before possession, or dies, the pledge does not become void; because it is a contract that leads to bindingness, so it does not become void by the insanity of one of the two contracting parties or his death, like a sale that contains an option (khiyar), and the guardian of the insane person stands in his place. If the insane person is the pledger, and the interest lies in giving possession, such as if it is a condition in a sale, the failure of which would cause harm by its annulment and the like, he shall give possession of it. And if the interest lies in