if they are joint owners, and one of them settles his share of the debt, his portion is not released from the pledge until they both pay the whole amount. If they are not co-owners, then once either of them pays he may take back his share.
A pledgor who has paid only part of the debt may not reclaim any part of the pledged property until the entire obligation has been discharged, unless the pledgee gives permission.
If the slave held in pledge commits an offense, the pledgor must provide a replacement. If he refuses, the pledgee may pay the indemnity; the slave then remains pledged for both the original debt and the amount the pledgee spent, and the owner may not take him back until everything is repaid. Should the pledgee also decline to ransom him, the slave is sold, the compensation for the offense is taken first, and he is not sold at all until the debt falls due.
When the debt matures, the pledgee may not sell the collateral without the judge’s authorization; if he does, the sale is void. The same rule applies to the neutral trustee in whose hands the pledge was placed.
Ibn al-Qāsim reported from Mālik that, should the sale nevertheless occur, it is valid provided no manifest unfairness in price is involved.
If a person pledges property and makes the pledgee his agent to sell it, trusting him in that matter, the sale is permissible when the item is of modest value, readily replaceable, and not subject to deterioration. If it is real estate or durable merchandise of considerable worth that is not harmed by delay, Mālik disliked its sale unless the owner is absent and the judge permits it.
Ashhab, however, saw no objection to such a sale whenever the owner had empowered the pledgee to sell.
If the ruler’s agent sells the pledge and the price is lost while in his possession, he is not liable; Ibn al-Qāsim holds that he is treated like the pledgee, by analogy with the judge’s agent. Ashhab maintained that the loss falls on the debtor.
Should the ruler’s agent claim that he passed the price to the pledgee, he is not believed; the pledgee’s statement, backed by his oath, prevails. The same applies to any trustee who holds the pledge, unless he has proof to the contrary.
Finally, whoever appoints an agent to sell his pledge and settle the debt may not dismiss that agent without the pledgee’s consent.