A creditor may say, “You can take the vehicle,” while it remains physically in the creditor’s warehouse. The Arabic condition fa-qabiḍahu (“and he took possession”) requires more than a spoken offer before this specific change of pledge liability can be inferred.
Once the owner actually takes the vehicle, the relevant change of custody occurs. Distinguish permission, actual delivery, and the subsequent legal effect.
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Why actual receipt matters
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
A creditor may say, “You can take the vehicle,” while it remains physically in the creditor’s warehouse. The Arabic condition fa-qabiḍahu (“and he took possession”) requires more than a spoken offer before this specific change of pledge liability can be inferred.
Once the owner actually takes the vehicle, the relevant change of custody occurs. Distinguish permission, actual delivery, and the subsequent legal effect.