Regarding two slaves mortgaged for separate, distinct debts, if the debt of the injured slave is greater than the debt secured by the injuring slave, what is the ruling?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the debt of the injured slave is greater, the debt is transferred to the injuring slave. There are two opinions regarding whether the injuring slave is sold to become collateral for the injured slave's debt or if he remains collateral for his original debt. One opinion states he is not sold as there is no benefit, while the second states he is sold because a bidder might offer more than his current value.
Supporting text
If the value of the injured slave is greater than the value of the injuring slave, there is no benefit in transferring the debt, so the injuring slave remains as collateral for his original debt. If the value of the injuring slave is greater, he is sold to the extent of the injury compensation, and that portion becomes collateral for the injured slave's debt, with the remainder serving as collateral for his own debt. If both parties agree to keep the original arrangement and transfer the debt, the injuring slave becomes collateral for both debts.