Quduri also mentions the reverse arrangement: pledging land or palm trees while excluding produce physically attached to them. The same problem works both ways, because the pledged item is inseparably connected to property outside the pledge.
Fath al-Qadir discusses the attachment principle and records some transmitted refinements. This lesson presents Quduri's core formulation.
Rules about what is included in an ordinary sale cannot simply be applied unchanged to a pledge. Effective possession and physical attachment are central here.
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Pledging the land or tree while excluding attached produce
Kitab al-Rahn: Pledge Formation, Possession, Liability and Eligible Collateral
Quduri also mentions the reverse arrangement: pledging land or palm trees while excluding produce physically attached to them. The same problem works both ways, because the pledged item is inseparably connected to property outside the pledge.
Fath al-Qadir discusses the attachment principle and records some transmitted refinements. This lesson presents Quduri's core formulation.
Rules about what is included in an ordinary sale cannot simply be applied unchanged to a pledge. Effective possession and physical attachment are central here.