What is the validity of subsequent mortgaging of an item for a second debt when it is already collateral for a first debt?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If an item is mortgaged for a second right (*haqq thani*), it is validly mortgaged only for the first debt (*al-awwal*). This is because mortgaging an already mortgaged item for another debt is likened to mortgaging it to someone other than the current mortgagee, which is invalid.
Supporting text
The allowance for increasing the collateral (*al-rahn*) is accepted as a valid reinforcement (*istithaq*). Furthermore, in the specific case of an injuring slave, ransom payment to secure the slave as collateral for both the original debt and the ransom is valid because the claim arising from the injury (*jinayah*) is superior and allows the guardian of the injured party to seek the sale of the collateral.