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Summary
Yahya said: I heard Malik say about two men with a pledge between them, one of whom wants to sell his pledge while the other had given him a year's respite for his right. Malik said: if the pledge can be divided and the other's right is not reduced, half of the pledge held between them is sold for him and he receives his right. If his right is feared to be reduced, the whole pledge is sold and the one who wanted to sell receives his right from it. If the one who gave the respite is willing to pay half the price to the pledgor, well; otherwise the pledgee swears that he only gave respite so that his pledge would stand as it is, and then he receives his right immediately. 1
Place in the museum
Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on pledge (rahn).
Connections
- Part of
- Muwatta, Book of Judgements (aqdiya)
- Mentions
- Yahya ibn Yahya al-Laythi· Malik ibn Anas
- Basis for
- pledge (rahn)
People and things also explored
Muwatta 2103· Muwatta 2104· Muwatta 2105· Muwatta 2108· Muwatta 2111· Muwatta 2123· Muwatta 2124· Muwatta 2126
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.273
Cite this page
islam.museum contributors. “Muwatta 2138”. islam.museum, https://islam.museum/en/passage/muwatta-22-2138/. CC BY-SA 4.0. Last updated 2026-10-17.