Explicitly calling it a trust while the dealing is a pledge

Question

Question: (1) A person named Hasan Bhai Fazil Bhai, during his lifetime, placed several houses with a person named ‘Abd al-Rasul Muhammad ‘Umar and wrote: “I am placing these houses with you as a trust (amana).” Hasan Bhai owed a debt to ‘Abd al-Rasul. Hasan Bhai died first; at that time he left the son of his full brother Yasin Bhai — ‘Umar Bhai — and his wife ‘Azim Bu. Afterwards ‘Azim Bu died; she left one “ibn abi’l-‘amm” (ابن ابی العم)

Answer

(1) In plain words, it is true, it was called a trust (amana), but the debt being owed is an indication (qarina) of a pledge (rahn). Even so, there is no option of not returning them: full payment of the debt and the return of the houses are both obligatory.

Source: Fatawa Mahmudiyya

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