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Al-Majallah al-Ahkam al-‘Adaliyyah
Chapter 3: The Pledge.
Section 1: Preservation of the Pledge and Expenses
Connection Therewith
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The pledgee may keep the pledge himself or may have it kept by some person
in whom he has confidence, such as members of his family, or a partner,
or a servant.
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The pledgee is responsible for expenses incurred in connection with the
preservation of the pledge, such as rent of the premises and wages of the
watchman.
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If the pledge consists of an animal. the cost of forage and the wages of
the keeper must be paid by the pledgor. If the pledge consists of movable
property, all expenses incurred in connection with the improvement and
maintenance thereof, such as repairs, irrigation, grafting, weeding, and
the cleansing of watercourses must be borne by the pledgor.
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Should either the pledgor or the pledgee of their own accord defray expenses
which should rightly be met by the other, such payment is in the nature
of a gift, with regard to which no subsequent claim may be made.
Section 2: Pledge of Borrowed Articles.
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A person may make a valid pledge of property borrowed from some third person,
provided he has received the permission of that person. This is known as
a pledge of a borrowed article.
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Should the owner of property give permission unconditionally, the borrower
may pledge such property in any way whatsoever.
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Should the owner of such property have given permission subject to a condition
as to the amount of money, or the nature of the property to be secured,
or that the pledge is to be made to a certain person, or in a certain town,
the borrower must strictly observe such condition.
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