Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

has given as a rehn. Nor can he demand it so that he may sell it. As
the rehn is delivered to the creditor, the creditor may stipulate it as
a condition that he will be appointed deputy for a future sale of the
rehn. Once the debtor has accepted that condition, he cannot
dismiss the creditor. Should the debtor die, nor will this divest the
creditor of his immunity from dismissal. In case the rehn perishes,
the creditor demands the difference from the debtor if the value of
the rehn was less (than that of the debt). The rehn is not a
restriction on the creditor’s demanding his due. Nor could it
prevent the creditor from having the debtor imprisoned for not
paying the money he borrowed although he has property (enough
to do so).
The creditor cannot cause the debtor to lose ownership of the
rehn. Only with the debtor’s permission can he use the rehn. One
of these two people may lend the rehn as an ’âriyat to a third
person with the permission of the other party. Thereafter, either
party may make that thing a rehn again. As well, the creditor may
lend the rehn in his possession as an ’âriyat to his debtor who has
given it (as a rehn) to him. If the rehn perishes because the creditor
in possession of it has not taken good care of it or because he has
been using it, he will have to pay its value. It is sahîh for a (third)
person to buy (someone’s) property that has been (in someone
else’s possession as) a rehn. The creditor may not deliver the rehn
in his possession to the buyer. The buyer will (have to) wait until
the debt has been paid and thereby the rehn has been freed. Or the
bey’ (sale) will be cancelled by the court of law.
If, as the lending takes place, it is stipulated as a condition that
the creditor will be permitted to benefit from the rehn, fâiz
(interest) will be involved in the lending. For instance, it will cause
fâiz to stipulate that the creditor will be free to use the animal or
the field or the clothes that he is to be given, by, say, milking the
animal. It is permissible for the creditor to use the rehn with the
permission of the debtor, if the permission is given afterwards, (i.e.
after the lending.)
3– Fâiz in Bey’ and Shirâ: According to (two of the four
Madhhabs, i.e.) the Madhhabs of Hanafî and Hanbalî, existence of
fâiz in a certain sale means existence of both or either of the
following two aspects in both the mebî’ (commodity being sold)
and the themen (price being paid). In (the remaining two
Madhhabs, i.e.) the Madhhabs called Shâfi’î and Mâlikî, the two
conditional aspects will matter only when the two items, (i.e. the
mebî’ and the themen,) are gold or silver or victuals.
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