pledged an apostate. This is distinct from pledged property because the right attached to it by his own choice, whereas in our issue, the right attached to it without his choice, so it does not prevent his disposal. Such is the case for every right established without his own doing, such as Zakat or a crime (jinaya); it does not prevent him from pledging it. If he pledges it and then pays the right from other sources, the pledge remains in its state. If he does not pay the right, the creditors may seize it, for their right is prior, and the ruling regarding it is the same as the ruling regarding the perpetrator of a crime. The same ruling applies if he disposed of the estate, and then property that the deceased had sold, which was found to have a defect, was returned to him, or if a right newly attached to the estate—such as a person or animal falling into a well he had dug outside of his own property after his death. The ruling is one, which is that his disposal is valid but not executable; if he satisfies the right from other sources, it becomes executable, otherwise, the sale and pledge are rescinded.

Section: The Qadi said: It is not valid for a Muslim to pledge a Muslim slave to an infidel. Abu al-Khattab chose the view that it is valid, provided they stipulate that the slave remain in the custody of a Muslim, and the judge sells it if the owner refuses to do so. This is more appropriate, because the purpose of the pledge is achieved without harm.

786 - Issue: He said: (And when the person whom they stipulated that the pledge should remain in his custody takes possession of the pledge, it is considered taken into possession.)

The gist of this is that if the two parties to a pledge stipulate that the pledge be in the custody of a man they are both satisfied with, and they agree upon him, it is permitted. He acts as an agent for the pledgee, representing him in taking possession. Thus, whenever he takes possession, his taking of possession is valid, according to the opinion of a group of jurists, among them 'Ata', Tawus, 'Amr ibn Dinar, Malik, al-Thawri, Ibn al-Mubarak, al-Shafi'i, Ishaq, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). Al-Hakam, al-Harith al-'Ukli, Qatada, and Ibn Abi Layla said: