وإذا تعدى المرتهن في الرهن ضمنه ضمان الغصب بجميع قيمته
Translation: If the pledgee wrongfully interferes with the pledge, he becomes liable for its entire value in the manner of liability for usurpation.
Taʿaddī means conduct beyond the creditor’s authorized right of custody, such as using the pledged asset without permission. The phrase ḍamān al-ghaṣb marks a different liability rule from ordinary accidental loss in lawful custody.
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Original ruling: full liability for misuse
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
وإذا تعدى المرتهن في الرهن ضمنه ضمان الغصب بجميع قيمته
Translation: If the pledgee wrongfully interferes with the pledge, he becomes liable for its entire value in the manner of liability for usurpation.
Taʿaddī means conduct beyond the creditor’s authorized right of custody, such as using the pledged asset without permission. The phrase ḍamān al-ghaṣb marks a different liability rule from ordinary accidental loss in lawful custody.