Muwatta 2138

الموطأ 2138 — يحيى عن مالك في الرجلين يكون لهما رهن بينهما، فيقوم أحدهما ببيع رهنه، وقد كان الآخر أنظره بحقه سنة: إن كان يقدر على أن يقسم الرهن ولا ينقص حق من أنظره، بيع له نصف الرهن، وإن خيف النقص بيع الرهن كله

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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

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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

  1. 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.

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