قَالَ يَحْيَى حَدَّثَنَا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " لاَ يَغْلَقُ الرَّهْنُ " .
Yahya said, "Malik related to us from Ibn Shihab from Sa'id ibnal-Musayyab that the Messenger of Allah, may Allah bless him and granthim peace, said, 'The pledge given as security is not forfeited.' " Malik said, "The explanation of that according to what wethink - and Allah knows best - is that a man gives a pledge tosomebody in security for something. The pledge is superior to that forwhich he pawned it. The pledger says to the pawn-broker, 'I will bringyou your due, after such-and-such a time. If not, the pledge is yoursfor what it was pawned for.' " Malik said, "This transactionis not good and it is not halal. This is what was forbidden. If theowner brings what he pledged it for after the period, it is his. Ithink that the time condition is void." Translation Not Available
Book Ref: Muwatta Imam Malik Book 36 Hadith 1417
Web Ref: Muwatta Imam Malik Book 36 Hadith 13