Can the slave be stipulated to remain pledged for both the original debt and the ransom amount?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 9 · Bab 1

Open in Qurani

Primary text

The Qadi permitted stipulating that the slave remain pledged for both the original debt and the ransom amount. This is permissible because the injured party has the right to sell the slave and void the pledge, making the situation akin to a permissible pledge before possession, where adding to the debt before obligation is allowed. Furthermore, the tort compensation transfers to the pledge status. This view is supported by the principle that the *arsh* (tort compensation) is attached to the slave.

Supporting text

It is also suggested that this stipulation is invalid because the slave is already pledged for one debt, and it cannot be pledged again for another debt, similar to double-pledging for distinct debts.