What is the ruling on a debtor waiving the value of his stolen gold, which he had left as collateral for a debt, and what is the ruling on this waiver if it is due to modesty or customs?
Pledged gold is a trust in the hands of the pawnbroker. He is not liable for it except in cases of negligence or transgression. If it is stolen without his negligence, he is not liable. If he was negligent and became liable for it, but the gold owner forgave him, then there is no blame upon him. There is no consideration for the possibility that the forgiveness was out of shyness; what matters is explicit declaration.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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