based on the [rulings regarding] corrupt conditions in a sale. Abu al-Khattab supported its validity in "Ru'us al-Masa'il," and Abu Hanifa held the same view, because the Prophet (peace and blessings of Allah be upon him) said: "The pledge shall not be forfeited," even though it had a corrupt condition stipulated within it, yet he did not rule for its corruption. It is also said: That which diminishes the right of the pledge-taker invalidates it, in one view, and that which does not is subject to two views. This is the school of al-Shafi'i, because the pledge-taker was stipulated a benefit that was not valid for him, so if the additional benefit becomes corrupt, the original pledge does not become void.

Section: If one stipulates that whenever the right matures and you do not pay me, the pledge is mine in exchange for the debt, or [says]: It is sold to me for the debt you owe me, this is a corrupt condition. This was narrated from Ibn Umar, Shurayh, al-Nakha'i, Malik, al-Thawri, al-Shafi'i, and the People of Opinion (Ashab al-Ra'y). We do not know anyone who disagreed with them. The basis for this is what was narrated by Mu'awiyah ibn Abd Allah ibn Ja'far, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "The pledge shall not be forfeited." Narrated by al-Athram. Al-Athram said: I asked Ahmad: What is the meaning of his saying: "The pledge shall not be forfeited"? He said: One does not hand over a pledge to a man and say: If I bring you the dirhams by such-and-such time, otherwise the pledge is yours. Ibn al-Mundhir said: This is the meaning of his saying: "The pledge shall not be forfeited" according to Malik, al-Thawri, and Ahmad. In the hadith of Mu'awiyah ibn Abd Allah ibn Ja'far, it is mentioned that a man pledged a house in Medina for a specified period, and when the period expired, the one who took the pledge said: [It is] my property. The Prophet (peace and blessings of Allah be upon him) said: "The pledge shall not be forfeited." This is also because he suspended the sale upon a condition, for he made it sold on the condition that he does not fulfill the right at its specified time, and a sale suspended on a condition is not valid; and if he stipulates this condition, the pledge is corrupted. It is possible [to infer] that it does not become corrupt, based on what we mentioned regarding other corrupt conditions; this is the apparent view of Abu al-Khattab in "Ru'us al-Masa'il," and he argued using the statement of the Prophet (peace and blessings of Allah be upon him): "The pledge shall not be forfeited." He negated its forfeiture, not its origin, which indicates its validity. Also, because the pledger has agreed to his pledge with this condition, so if it is void, it is more fitting that he should be satisfied with it. As for us...