A Valuable Scholarly Analysis by the Eminent Scholar Sheikh Hasan Al-Ujaymi Al-Hanafi (d. 1113 AH) Regarding a Specific Passage in the Book of Pledge within Al-Qahastani’s (d. 953 AH) ‘Commentary on Al-Niqāyah’: A Study and Investigation

Abstract

This study undertakes a critical edition of a nuanced Hanafi jurisprudential treatise within the chapter on pledges (al rahn), focusing on the issue of borrowing an object to pledge against one’s own debt and the ensuing legal consequences—particularly liability (ḍhamān) and the validity of the contract—when the borrower contravenes the lender’s conditions. It also explores ownership established through liability or taʿāṭī (mutual exchange). The research is structured into an introduction, a preliminary section, and two main parts: the first examines the author, the manuscript, and his methodology, while the second presents the edited text with scholarly annotations and jurisprudential linguistic commentary. Employing a descriptive analytical method alongside rigorous critical editing standards, the study highlights how Al Ujaymī al Ḥanafī meticulously analyzed borrowing for pledges, the scope of authorization, and the ramifications of violating conditions. It emphasizes the importance of clarifying pronominal references and technical terminology for accurate legal understanding, while situating Hanafi debates on ownership and liability within the framework of bayʿ al taʿāṭī. Ultimately, the research underscores the enduring value of concise Hanafi treatises and the necessity of subjecting them to careful scholarly, jurisprudential, and linguistic editing.