mortgagee, the indemnity reverts to the offender, and the pledgor has no right to it. If he exacts his right from the indemnity, the offender may not demand anything from the pledgor, because he acknowledges his [the mortgagee's] entitlement.

Section: If the pledge is a pregnant slave-girl and a stranger strikes her belly, and she casts out a dead fetus, then the tenth of her mother's value is due for it. If she casts it out alive and it then dies at a time that one like it would live, then its value is due. Guarantee for the decrease caused by the birth is not required, because the decrease from the birth is not distinct from that which is required as a guarantee for her child. It is possible that he must guarantee the decrease caused by the birth, because it resulted from his action, so its guarantee became incumbent upon him, just as if he usurped her and then committed an offense against her. It is also possible that the greater of the two matters is required: the decrease of her or the guarantee of her fetus, because the cause for her guarantee was found, and if their guarantees do not combine, the guarantee of the greater of them is required. If he strikes the belly of an animal and it casts its offspring dead, the amount by which the offense decreased its value is due, and nothing else, and whatever is required of all that is a pledge along with the mother. Al-Shafi'i said: What is required for the decrease of the mother, or for the decrease of the animal, is a pledge with it, and likewise what is required for its offspring. What is required for the fetus of the slave-girl is not a pledge, because the increase (growth) of the pledge is not a pledge. Our position is that this is a guarantee required due to an offense against the pledge, so it is part of the pledge, like that which is required for the decrease caused by birth and the guarantee of the offspring of an animal. Their statement that the increase of a pledge does not enter into the pledge is not accepted.

793 - Issue: He said: "If he buys an item from him on the condition that he pledges to him for it something of his wealth that they both know, or on the condition that he gives him a guarantor for the price whom they both know, the sale is permissible. If he refuses to deliver the pledge, or the guarantor refuses to act as a guarantor, the seller is given the choice to annul the sale or to maintain it without a pledge or a guarantor."

Al-Hamil: The guarantor. It is a fa'il form with the meaning of a fa'il, it is said: damin (guarantor) and hamil (guarantor),