What is the ruling when two men claim a slave was mortgaged to each of them individually, with each asserting the mortgage is solely with him?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If a man denies the claims of both parties who assert he mortgaged a slave to each of them separately, the statement of the defendant is accepted along with his oath. If the defendant affirms one claimant and denies the other, the slave is handed over to the one affirmed, and the other claimant must swear an oath. If the defendant states he does not know which one currently holds the pledge, he takes an oath regarding that lack of knowledge, and the possession rests with the one who physically holds the slave, contingent upon that holder's oath. If the slave is in the hands of both claimants, each swears to owning half of the slave, and it becomes mortgaged to each for that half.
Supporting text
If the slave is in the possession of a third party, a drawing of lots (iqra') is conducted between the two claimants. The one chosen by lot swears an oath and takes possession, analogous to cases where ownership is claimed.