If a person borrows a slave from two individuals and mortgages the slave to one creditor for a specified amount, and then pays half the debt corresponding to one of the original owners' shares, what is the ruling on the release of the collateral?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
There are two differing views. The first view states that nothing is released from the mortgage because the transaction constitutes a single contract involving a single pledgor and a single mortgagee, analogous to a case where the slave belongs entirely to one person. The second view maintains that half of the slave is released from the mortgage because each of the two original lenders only authorized the mortgaging of their respective share for half the total amount, and the collateral cannot be pledged for more than that authorized limit.
Supporting text
If the mortgagee was aware of the limitation on the authorization for the second view, they have no option to revoke the contract. If the mortgagee was unaware, and the mortgage was conditional upon a sale, it is debated whether the mortgagee has the option to revoke, as the full collateral was not secured for the entire debt. Conversely, it is also debated that no option exists because the mortgagee accepted the entire collateral against the entire debt, which they entered into willingly.