The governing distinction is between ownership, retention, the underlying debt, and liability for destruction. In the historical manumission case, freedom takes effect while the security is financially addressed. Where property is damaged, the liable party and remedy depend on who caused the harm.
The word hadar in the historical injury discussion has a specialized financial meaning, with important qualifications in Hanafi commentary. These principles prepare the next discussion of custody expenses, maintenance and increments of pledged property.
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Kitab al-Rahn: Manumission, Destruction and Liability for Injury
The governing distinction is between ownership, retention, the underlying debt, and liability for destruction. In the historical manumission case, freedom takes effect while the security is financially addressed. Where property is damaged, the liable party and remedy depend on who caused the harm.
The word hadar in the historical injury discussion has a specialized financial meaning, with important qualifications in Hanafi commentary. These principles prepare the next discussion of custody expenses, maintenance and increments of pledged property.