If dates remain attached to palm trees and only the attached fruit is pledged, excluding the trees themselves, Quduri rules that the pledge is not valid.
The fruit is physically attached to property not included in the security. It cannot be independently held as clearly delivered collateral in this arrangement.
The issue is a pledge of attached fruit, not a restatement of the earlier rules on selling fruit; sale and pledge have different delivery requirements.
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Fruits attached to unpledged trees
Kitab al-Rahn: Pledge Formation, Possession, Liability and Eligible Collateral
If dates remain attached to palm trees and only the attached fruit is pledged, excluding the trees themselves, Quduri rules that the pledge is not valid.
The fruit is physically attached to property not included in the security. It cannot be independently held as clearly delivered collateral in this arrangement.
The issue is a pledge of attached fruit, not a restatement of the earlier rules on selling fruit; sale and pledge have different delivery requirements.