What happens if two individuals jointly pledge a property (like a house) to one creditor, and one pledgor settles his share of the debt?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If two individuals pledge a house they jointly own to one man for a debt of one thousand, and one of them pays his portion while the other does not, the entire house remains pledged for the remaining balance. This view is attributed to Ahmad in the narration of Muhanna.
Supporting text
According to Abu al-Khattab, if two men pledge their slave to two creditors, and one pays off his share, the entire slave remains pledged to the remaining creditor until he is fully satisfied. However, this position attributed to Ahmad and Abu al-Khattab is understood to mean that the pledgor is prevented from partitioning the item with the creditor due to the potential harm caused by division, not that the entire item remains pledged in its entirety, as it is invalid to claim half the slave is pledged to one person, thereby making the whole slave pledged.