Which value counts in compensating pledged property, and pledging an item held in trust

Question

Question: Zayd’s wife was divorced. The boy’s father, through his own mediation, had arranged a certain loan for Zayd’s brother-in-law (his wife’s brother). He 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 that on repayment of the money the jewellery would be taken back. So a gold pendant in the shape of a betel leaf, weighing one tola (a unit of weight, ≈ 11.66 g)

Answer

The value at the time when the matter of the money and the pledge is being concluded will be considered. The trustee had no right to pledge the trust (amana) for his own need; in such a case liability (daman) is binding on him.

Source: Fatawa Mahmudiyya

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