وإن أعتق الراهن عبد الرهن نفذ عتقه
Translation: If the pledgor manumits a person held as a pledge, the manumission takes effect.
In the historical legal system, ownership was attributed to the pledgor, not transferred to the pledgee by the security arrangement. The act of manumission therefore operated, but the pledgee’s financial protection had to be dealt with separately.
Historical context: This explains a premodern institution. It does not authorize present-day ownership of human beings or their use as collateral.
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Manumission of a pledged person
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
وإن أعتق الراهن عبد الرهن نفذ عتقه
Translation: If the pledgor manumits a person held as a pledge, the manumission takes effect.
In the historical legal system, ownership was attributed to the pledgor, not transferred to the pledgee by the security arrangement. The act of manumission therefore operated, but the pledgee’s financial protection had to be dealt with separately.
Historical context: This explains a premodern institution. It does not authorize present-day ownership of human beings or their use as collateral.