797 - Issue: He said: "And if the pledge perishes without any crime [committed] by the pledgee, the pledgee shall seek his right [of debt] when it becomes due, and the loss of it is [borne] by its pledger. If it was due to the transgression of the pledgee, or if he did not secure it, he shall be liable."

As for when the pledgee transgresses regarding the pledge, or is negligent in safeguarding the pledge that is in his possession until it perishes, he is liable. We are not aware of any disagreement regarding the necessity of liability upon him; and because it is a trust in his hand, so he becomes liable if it perishes due to his transgression or negligence, like a deposit. As for if it perishes without any transgression or negligence on his part, there is no liability upon him, and it is from the wealth of the pledger. This is narrated from Ali, may Allah be pleased with him. This is also the view of Ata, al-Zuhri, al-Awza'i, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. It is narrated from Shurayh, al-Nakha'i, and al-Hasan that the pledge is guaranteed to the full extent of the debt, even if it is greater than its value; because it was narrated from the Prophet, peace and blessings of Allah be upon him, that he said: "The pledge is [guaranteed] for what is in it." Malik said: If its perishing is due to an apparent cause, such as death or fire, it is the liability of the pledger; but if he claims its perishing was due to a hidden cause, his statement is not accepted, and he is liable. Al-Thawri and the People of Opinion (Ashab al-Ra'y) said: The pledgee is liable for it for the lesser of the two amounts: its value or the amount of the debt. This is narrated from Umar ibn al-Khattab, may Allah be pleased with him. They argued with what Ata narrated, that a man pledged a horse, and it died while with the pledgee, so he came to the Prophet, peace and blessings of Allah be upon him, and informed him of that, and he said: "Your right is gone." And because it is an object seized for the purpose of settlement, so the one who seized it for that purpose is liable for it, or the one whose deputy seized it, like the reality of an object seized in settlement. And because it is detained for a debt, so it is guaranteed, like an object sold when it is detained for the settlement of...