Hadith 37372

Yahya said that he had heard Malik say, "The undisputed way ofdoing things in our community concerning pledges is that in caseswhere land or a house or an animal are known to have been destroyedwhilst in the possession of the broker of the pledge, and thecircumstances of the loss are known, the loss is against the pledger.There is no deduction made from what is due to the broker at all. Anypledge which perishes in the possession of the broker and thecircumstances of its loss are only known by his word, the loss isagainst the broker and he is liable for its value. He is asked todescribe whatever was destroyed and then he is made to take an oathabout that description and what he loaned on security for it. "Thenpeople of discernment evaluate the description. If the pledge wasworth more than what the broker loaned, the pledger takes the extra.If the assessed value of the pledge is less than what he was loaned,the pledger is made to take an oath as to what the broker loaned andhe does not have to pay the extra which the broker loaned above theassessed value of the pledge. If the pledger refuses to take an oath,he has to give the broker the extra above the assessed value of thepledge. If the broker says that he doesn't know the value of thepledge, the pledger is made to take an oath on the description of thepledge and that is his if he brings a matter which is not disapprovedof."Malik said, "All this applies when the broker takes thepledge and does not put it in the hands of another."