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Text and translation
English translation
1254. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: "A riding animal can be ridden while it is pawned, and a milking animal can be milked while it is pawned, and it is up to the one riding and drinking (the milk) to maintain it." (Ṣaḥīḥ)
[Abū 'Eisā said:] This Ḥadīth is Ḥasan Ṣaḥīḥ.
We do not know of it being Marfū' except by the narration of 'Āmir Ash-Sha'bī from Abū Hurairah. Others have reported this Ḥadīth from Al-A'mash, from Abū Ṣāliḥ, from Abū Hurairah in Mawqūf form.
This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and
Ishāq.
Some of the people of knowledge said that one may not benefit in any way from what is pawned.
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Commentary
It is proved from this narration that the benefit of a pawned thing or animal be taken in proportion to the expenditure of maintenance. Imām Ahmad and Ishāq approve this view, and according to most of the people of knowledge this view is correct.
