The words “wa-ʿalā mālihimā” extend this historical pledge-accounting discussion to property belonging to the pledgor and pledgee. The Hanafi commentaries give further distinctions in some cases according to the relationship between collateral value and debt.
It would be an error to turn the word hadar into a universal statement that personal injury or property damage is never actionable. The rule has a narrowly defined legal and historical setting.
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Injury to property and the limits of the ruling
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
The words “wa-ʿalā mālihimā” extend this historical pledge-accounting discussion to property belonging to the pledgor and pledgee. The Hanafi commentaries give further distinctions in some cases according to the relationship between collateral value and debt.
It would be an error to turn the word hadar into a universal statement that personal injury or property damage is never actionable. The rule has a narrowly defined legal and historical setting.