or [he possesses] stagnant goods for which he hopes for a sale; thus it is permissible for his guardian to borrow and pledge his property. If he has nothing [to wait for], he has no interest in borrowing, so he should sell a portion of his capital assets and spend it on his maintenance. If he does not find anyone to lend to him, but finds someone who will sell to him on credit, and it is more advantageous than selling his assets, it is permissible for him to purchase on credit and pledge a portion of his property for it. The executor, the judge, and his trustee are equal in this, as is the father; except that the father may pledge [property] from himself for his child, and from his child for himself, unlike others, according to one of the two narrations.

Section: As for taking a pledge for an orphan's wealth, it occurs in a sale or a loan. We have already mentioned the loan in the chapter on the Musarrah (an animal left unmilked). Regarding the sale, there are three issues: First, that he sells something worth one hundred [units] in cash for one hundred [units] or less on credit, and takes it as a pledge. This is an invalid sale, because selling it for cash is safer. The same applies if he makes part of the price [payable] on credit. Second, that he sells it for one hundred [units] cash and twenty [units] on credit, and takes a pledge for it. This is permissible, because if he had sold it for one hundred [units] cash, it would have been permissible; so when he increases it, he has added goodness to him, whether the increase is small or large. Third, he sells it for one hundred and twenty [units] on credit, and takes a pledge for it. This is also permissible. The Qadi mentioned this, and it is the view of the followers of al-Shafi'i. Some of them said: It is not permissible, because it is a risk to his wealth, and selling for cash is safer for him. Our position is that this is the practice of merchants, and we have commanded him to trade and seek profit, and this is one of its methods, and the risk is eliminated by the pledge.

Section: The ruling for the Mukatab (a slave in a contract of manumission) regarding what we have mentioned is the same as the ruling for the orphan's guardian; he may dispose of what is in his hands in that which is in his interest. As for the Ma'dhun (a slave granted permission to trade), if his master gave him wealth to trade with, or did not give it to him, the Qadi said: He may not conduct transactions on credit, because his debts attach to the liability of the master, and he is harmed by that, for debt is a risk, unlike the Mukatab.