Azami 5650

Bukhari narrated it in the Chapter on Pledges (2512) from Muhammad bin Muqatil, who said, "Abdullah (that is, Ibn Mubarak) informed us, Zakariya (that is, Ibn Abu Zaida) informed us, from Shaybi, from Abu Hurairah," and he related it.Tirmidhi said, after narrating this hadith through the route of Zakariya, "This is a hasan sahih hadith. We do not know it as a hadith raised to the Prophet except through the report of Amir Shaybi, from Abu Hurairah. More than one narrator has related this hadith from Amash, from Abu Salih, from Abu Hurairah, stopping at him. The practice according to some scholars is based on this hadith, which is the view of Ahmad and Ishaq. Some scholars said, 'He may not benefit from the pledge in any way.'" End of quote.I say, the hadith of Amash, from Abu Salih, from Abu Hurairah, was narrated by Daraqutni (3/34) through the route of Abu Awana, raised to the Prophet, with the wording, "The pledged animal may be ridden and milked."There is disagreement regarding Amash. Abu Awana narrated it from him raised to the Prophet, and Abu Muawiya followed him in that, narrating from Amash. Bayhaqi narrated this (6/38) through the report of Ibrahim bin Mihsar, from Abu Muawiya. Bayhaqi said, "The group narrated it from Amash, stopping at Abu Hurairah." He then mentioned the reports of Waki, Shuba, and Sufyan bin Uyayna, all of them from Amash, stopping there as well, saying, "This is the correct view." However, this does not undermine what Shaybi narrated from Abu Hurairah as raised to the Prophet, as mentioned before, which is recorded in Sahih Bukhari.Abu Dawud said, after narrating the hadith through the route indicated, "It is sahih according to us."It has been said that its wording is general and does not clarify who is the one who may ride the animal and drink its milk. I say, this was clarified by Hushaym, from Zakariya, from Shaybi, from Abu Hurairah, that the Prophet ﷺ said, "When an animal is pledged, its feeding is upon the pledgee, and the milk from a milk-producing animal may be drunk, and whoever drinks it must bear its expense, and it may be ridden."Ahmad narrated it (7125), and Tahawi in Sharh Maani (5754), both of them from Hushaym with this wording.By this, it is established that the pledgee is the one who benefits from the pledge, and this is the view of Imam Ahmad. However, Tahawi claimed that this hadith was abrogated, without any evidence.Shafii interpreted it, saying, "It appears, and Allah knows best, that Abu Hurairah's statement means that whoever pledges an animal that gives milk and can be ridden, the pledgor is not prevented from its milk and its riding, because he owns it outright, and it remains milked and ridden just as it was before the pledge." He said, "The benefits of the pledge belong to the pledgor, and the pledgee has no share in them." End of quote.See Umm (3/164), and Bayhaqi quoted this from him (6/38–39).This interpretation by Shafii defeats the purpose of pledging, since the pledgor might not be able to spend on the animal because of the distance of the location. Moreover, it is not like a loan that draws benefit, because the mount requires upkeep, so the pledgee should benefit only to the extent of that upkeep.This applies when the pledge is a living being. But if the pledge is something like jewelry or clothing, the pledgee has no right to benefit from it, because it requires no upkeep.I have detailed the views of the scholars along with their evidence in Minna Kubra (5/271–273), so refer to it for more information.