What is the priority between established financial compensation on the neck of a slave and a mortgage (Rahn) placed upon that slave?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Whenever a financial right is established regarding the slave's neck, that right takes precedence over a mortgage. This is because the right is established for the deceased estate holder and subsequently transfers to the heir in the same manner, thus maintaining its priority. If Qisas is implemented in this situation, the substitute payment for the mortgage is not required. This is because if the financial compensation precedes the right of the mortgagee, Qisas takes precedence even more so. Furthermore, since Qisas is established for the deceased estate holder with precedence over the mortgagee's right, the same precedence applies to the right of the heir.