Section: If the pledgee usurps the pledge from the neutral party, then returns it to him, the liability is removed from him. If the pledge were in the hand of the pledgee, and he acted transgressively with it, then ceased the transgression, or traveled with it, then returned it, the liability is not removed from him, because his status as a trustee was terminated by that [act], and it does not return by his action while it remains in his hand, unlike the previous case, for if he returns it to the hand of the owner's representative, it is similar to if he had returned it to the hand of its owner.

Section: And if a dhimmi (non-Muslim citizen) borrows money from a Muslim, and pledges wine for it, it is not valid, whether he placed it in the hand of a dhimmi or someone else. If the pledgor, or his dhimmi representative, sells it, and the lender comes with its price, he is obligated to accept it. If he refuses, it is said to him: Either you take it, or you release [the debt]; because when the people of the dhimma take possession from one another in invalid contracts, it is treated as valid. Umar, may Allah be pleased with him, said regarding the people of the dhimma who possess wines: 'Let them sell them, and take from their prices.' But if he placed it in the hand of a Muslim, and he sells it, the pledgee is not compelled to accept the price, because that sale is invalid; they are not confirmed in it, and it has no legal weight.

787 - Issue: He said: (And he shall not pledge the property of one to whom he has been entrusted with the safe-keeping of his property, except with a trustworthy person.)

The gist of this is that the guardian of an orphan does not have the right to pledge his property except with a trustworthy person with whom he deposits his property, so that he does not deny it or fail in caring for it, leading to its loss. The Qadi said: His guardian may not pledge his property except under two conditions: First, that it be with a trustworthy person. Second, that there be an interest for him in it, which is that he is in need of it for maintenance, clothing, or expenditure on his dilapidated real estate, his land, or his livestock, and the like, while his own property is absent but he expects its arrival, or a fruit harvest he is awaiting, or he has a deferred debt that is coming due,