Section: If the orphan's wealth was a pledge, and the executor reclaimed it for the orphan, it is permissible. If he reclaimed it for himself, it is not permissible, because he does not possess the right to dispose of the orphan's wealth for himself, and he is liable for it because he took possession of it in a manner in which he is not entitled to take possession. If he redeemed it with the orphan's wealth and spoke generally, it belongs to the orphan. If he redeemed it with his own wealth and spoke generally, the apparent [meaning] is that he reclaimed it for himself. If he says, "I reclaimed it for the orphan," after its destruction or the destruction of a portion of it, his statement is not accepted, because we have ruled that he is liable based on appearance, and it is not removed by his statement. However, it is more appropriate that his statement be accepted because he is a trustee and he is most knowledgeable regarding his intention; thus his statement regarding it is accepted, as it was before its destruction.

Section: If the executor or the judge pledges the orphan's wealth to his own Mukatab (slave in a contract of manumission) or his adult son, it is valid because he has no guardianship over them.

Section: If he [the deceased] wills to a man that he settle his debt, and [the man] pledges something from his estate to the creditor or another party, he is liable, because he was not given permission to pledge it, so he is liable, just as if he had not been willed to settle his debt.

788 - Issue; He said: "And if he pays him a portion of the right, the pledge remains in its state regarding what remains."

The totality of this is that the right of security is attached to the entire pledge, so it becomes held for the entire right and for every part of it; nothing of it is released until the entire debt is paid, whether it is of the type that can be divided or cannot. Ibn al-Mundhir said: "Everyone I have memorized from among the scholars has reached a consensus that if someone pledges something for a debt, and then pays a portion of the debt and wishes to remove a portion of the pledge, he is not entitled to do so, and nothing shall be released until he fulfills the last of his right or releases him from it." Malik, al-Thawri, al-Shafi'i, Ishaq, Abu Thawr, and the People of Reason (Ahl al-Ra'y) said the same; because a pledge is a security for a right, so it does not cease except with the expiration of the entire right, like a guarantee and testimony.