فإن هلك في يد الراهن هلك بغير شيء
Translation: If it is destroyed while in the pledgor’s possession, it is lost without any such compensation.
The phrase bi-ghayr shayʾ concerns the particular security liability that would otherwise have deemed part of the debt paid upon destruction in the pledgee’s hands. No such deemed payment occurs merely because the owner’s article is accidentally lost while the owner holds it.
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Original ruling: loss while held by the owner
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
فإن هلك في يد الراهن هلك بغير شيء
Translation: If it is destroyed while in the pledgor’s possession, it is lost without any such compensation.
The phrase bi-ghayr shayʾ concerns the particular security liability that would otherwise have deemed part of the debt paid upon destruction in the pledgee’s hands. No such deemed payment occurs merely because the owner’s article is accidentally lost while the owner holds it.