Is it valid for a person who borrowed a slave for mortgaging to mortgage that slave to two different creditors for a single debt amount?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The mortgage is valid. Specifying the person/entity to whom the slave is mortgaged is not a condition, just as specifying what is mortgaged is not a condition. Furthermore, mortgaging to two creditors is considered less harmful than mortgaging to a single creditor because part of the debt can be settled, releasing part of the collateral. Consequently, if one of the two creditors is repaid their due portion of the debt, that portion of the mortgaged property is released from the mortgage, as dealing with two creditors essentially constitutes two separate contracts.