Zayd owes Rs 80,000 and has pledged a watch valued at Rs 100,000. The creditor lends it back temporarily; Zayd actually receives it and it is later accidentally destroyed in his custody.
In this specific case the Rs 80,000 debt remains outstanding. Loss did not occur under the pledgee’s liability-bearing possession. If the watch had still been held by the pledgee, the ordinary rules for loss of pledged property would need separate application.
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Applied comparison: loss after return
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
Zayd owes Rs 80,000 and has pledged a watch valued at Rs 100,000. The creditor lends it back temporarily; Zayd actually receives it and it is later accidentally destroyed in his custody.
In this specific case the Rs 80,000 debt remains outstanding. Loss did not occur under the pledgee’s liability-bearing possession. If the watch had still been held by the pledgee, the ordinary rules for loss of pledged property would need separate application.