كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1498
Yahya said that he heard Malik speak about two men who had a
pledge between them. One of them undertook to sell his pledge, and the
other one had asked him to wait a year for his due. He said, "If it is
possible to divide the pledge, and the due of the one who asked him to
wait will not be decreased, half the pledge which is between them is
sold for him and he is given his due. If it is feared that his right
will be decreased, all the pledge is sold, and the one who undertook
to sell his pledge is given his due from that. If the one who asked
him to wait for his due is pleased in himself, half of the price is
paid to the pledger. If not, the pledgee is made to take an oath that
he only asked him to wait so that he could transfer my pledge to me in
its form.' Then he is given his due immediately."
Yahya said
that he heard Malik say about a slave whose master had pledged him and
the slave had property of his own, "The property of the slave is not
part of the pledge unless the broker stipulates that."
| Reference | : Muwatta Malik 1498 |
| In-book reference | : Book 36, Hadith 35676 |
| USC-MSA web (English) reference | : Book 7, Hadith 1498 |
| (deprecated numbering scheme) |
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