Which Value Counts in Liability for a Pledged Item, and Pledging a Trust

Question

Zayd’s wife was given a talaq. The boy’s father had, through his own agency, arranged a loan for Zayd’s brother-in-law (his wife’s brother). They said, “Repay this money, and then there will be a settlement.” After that it was agreed that in exchange for it some jewellery would be deposited with someone, and once the money was paid in, the jewellery would be taken back. So one gold pendant in the shape of a betel leaf and one gold necklace weighing one tola (a unit of weight, ≈ 11.66 g)

Answer

The value that counts is the value at the time the money-pledge (rahn) transaction is being concluded. The trustee had no right to pledge the trust (amana) for his own need; in such a case, liability (daman) is binding upon him.

Source: Fatawa Mahmudiyya

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