If the injury mandates *Arsh* (damages) that does not exhaust the value of the injuring slave, how is the collateral distributed?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the *Arsh* does not exhaust the slave's value, the slave is sold to the extent of the injury compensation, and that portion becomes collateral held by the mortgagee of the injured slave, with the remainder staying with his own mortgagee. If selling only a part is not possible, the entire slave is sold, and the proceeds are divided between the two mortgagees according to their respective claims, with the proceeds serving as collateral.

Supporting text

If the injury completely exhausts the slave's value, the injuring slave is transferred to be held as collateral by the creditor of the injured slave. There is a view that the slave should be sold, as a bidder might offer more than his value, leaving some surplus value to serve as collateral for his original mortgagee.