two contracts; it is as if he had pledged the half to each of them separately. If he wishes to partition the pledge and take the share of the one whom he has satisfied, and the pledge is of a type that is not diminished by division, such as things measured by volume or weight, he is entitled to do so. If it is of a type that is diminished by division, its division is not mandatory because there is harm to the pledgee in dividing it, and it shall be left in the possession of the pledgee, half of it as a pledge and half as a deposit. If two people pledge their slave to one man, and one of them satisfies his debt, the pledge is released regarding his share. Ahmad stated, in a narration by Muhanna, regarding two men who pledged a house they owned to one man for one thousand, and one of them paid his share but the other did not: the house remains a pledge for what remains of the debt. Abu al-Khattab said, regarding a man who pledged his slave to two men, and he satisfied one of them, that the entire slave remains a pledge with the other until he satisfies him as well. This statement by Ahmad and Abu al-Khattab is understood to mean that the pledgor does not have the right to partition the pledge due to the harm it causes the pledgee, not that the entire object remains a pledge; for it is not permissible to say that he pledged half the slave to one man, then the entire slave became a pledge. If two people pledged a slave belonging to them to two others for one thousand, this constitutes four contracts, and each quarter of the slave becomes a pledge for two hundred and fifty. Whenever the person responsible for that amount pays it, that portion is released from the pledge. The Qadi stated this, and it is the correct view.

Section: If two men claim against a man that he pledged his slave to them, and each of them says, "He pledged him to me, not to my companion," and the man denies both of them, his word is accepted, supported by his oath. If he denies one but confirms the other, the slave is surrendered to the one he confirmed, and the other is asked to take an oath. If he says, "I do not know which of them is the true pledgee," he takes an oath to that effect, and the word is that of the person in whose possession the slave is, supported by his oath. If the slave is in their joint possession, each of them takes an oath regarding his half, and it becomes a pledge in his hand. If the slave is in the possession of someone else, he draws lots between them, and the one whose name is drawn takes an oath and takes the slave, just as if they both claimed ownership of him. If he says, "I pledged him to one of them, then I pledged him to the other, but I do not know which was first," the same applies. If he says, "This one is the first by contract and possession," the slave is delivered to him, and he takes an oath for the other. If he refuses to take the oath while the slave is in the possession of the first claimant, or in the possession of someone else, he is liable for his value to the second, just as if he said, "This slave belongs to Zayd, and I usurped him from 'Amr"; he is delivered to Zayd, and he pays his value to 'Amr. If he refuses to take the oath while the slave is in the possession of the second, he is left in his possession, and he pays his value to the first, because he confessed that he had