What is the ruling on stipulating that neither slave shall be released until the entire debt is paid?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If it is stipulated that neither slave shall be released until the entire debt is settled, this stipulation is also void (*fasid*). This is because it mandates that the pledged property remains held for a debt other than the one for which it was specifically pledged as collateral.
Supporting text
There are two differing scholarly opinions (*wajhān*) on whether this stipulation invalidates the mortgage, as this condition, although void, does not impose a detriment upon the mortgagee's right.