Quduri does not permit a pledge of an undivided share (musha'). The term describes an unpartitioned share of jointly held property, such as pledging merely “my undivided half” of a shared house.
The difficulty is not joint ownership as a label: the particular unpartitioned interest is not separately deliverable into exclusive, definite possession as required in this classical Hanafi formulation.
This is the rule taught by the Hanafi text; some other juristic traditions differ on aspects of undivided pledges.
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Undivided property as collateral
Kitab al-Rahn: Pledge Formation, Possession, Liability and Eligible Collateral
Quduri does not permit a pledge of an undivided share (musha'). The term describes an unpartitioned share of jointly held property, such as pledging merely “my undivided half” of a shared house.
The difficulty is not joint ownership as a label: the particular unpartitioned interest is not separately deliverable into exclusive, definite possession as required in this classical Hanafi formulation.
This is the rule taught by the Hanafi text; some other juristic traditions differ on aspects of undivided pledges.