He was asked—may Allah have mercy on him:
A man lent his paternal uncle five thousand dirhams. His cousin then borrowed money from other people, purchased five male slaves and a female slave, and drew up a document stating that the five male slaves, but not the female slave, were pledged as security to the creditors. He then sold the male slaves and handed over [the proceeds] to those who held them in pledge. The creditor owed the five thousand then purchased the female slave in settlement of the debt owed to him. The creditors who had received the proceeds from the male slaves detained him, seeking to take her as well towards repayment of their debts. Are they entitled to do this, even though he was neither a guarantor nor a surety?
He replied:
Praise be to Allah.
If the female slave was not pledged to the creditors of the second debt, then, by agreement of the Muslims, those creditors had no exclusive claim to her over the other creditors. How, then, could they have such a claim when she had already been transferred in settlement of a debt owed to others? Equitable repayment among creditors, after an insolvent debtor has been legally barred from disposing of his assets, is obligatory by agreement of the imams. Before that restriction is imposed, however, there is disagreement.