What happens to the pledge if the slave is sold due to tort liability?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the offending slave is sold to cover a tort liability that consumes the entire value, the pledge is voided. If the sale covers only a portion of the value, the remainder of the slave is still pledged. If selling only a part is impractical, the entire slave is sold, and the remainder of the proceeds after satisfying the tort compensation is held as a pledge.
Supporting text
There are two differing views on whether the slave should be sold only to the extent of the tort compensation amount, or if the entirety should be sold, with the excess proceeds remaining as the pledge.