H E D A T A
B O O K XLVIIL
Of R A H N t or F A W N S .
Chap. I.
Chap. II.
Chap. III.
Chap. IV.
Introductory.
O f Things capable of being pawned ; and of Things for
which Pledges may be taken.
O f Pledges placed in the Hands of a 'Trujlee.
O f the Power over Pawns;. and o f Offences committed
by or upon them.
C H A P . L
'O A H N literally fignifies to detain a thing on any account what-
ever. In the language of the l a w it means the detention o f a
thing on account of a claim which may be anfwered by means o f that
thing; as in the cafe of debt.— This practice is lawful, and ordained;
for the word of G o d , in the K o r a n , fays, “ G i v e a n d r e c e i v e
“ p l e d g e s ;” — and it is alfo related, that the prophet, in a bargain
made with a yew for grain, gave his coat o f mail in pledge for the
payment.— Betides, all the doctors have concurred in deeming pawn
legal; and it is, moreover, an obligatory engagement, and confe-
quently lawful, in the fame manner as bail.
C o n t r a c t s of pawn are eftablifhed by declaration and acceptance,
and are rendered perfeCt and complete by taking poffeffion of the
pledge.— Several of the learned have faid that the contract is complete
immediately upon the declaration; for as it is a deed purely voluntary,
it therefore obtains its completion from the voluntary agent
alone; as in cafes o f gift and alms. T h e feizin of the pledge
is, neverthelefs, abfolutely requifite tt> the obligation o f the deed, as
Ihall be {hewn in its proper place, Malik has faid that a contract of
pawn become valid and binding immediately upon the concurrence of
the parties; beeaufe they relate to the property of both, and are con-
fequently fimilar to fale.— One of the arguments advanced by our
doctors is, the text of the K o r a n , as above quoted; and another argument
is, that as the ad o f pledging is purely voluntary, (whence it
Definition of
R a h n .
Pawn is
eftabliihed
by declaration
and acceptance;
and
confirmed by
the receipt of
the pledge.