Hadith 37356

Yahya said that he heard Malik speak about two men who had apledge between them. One of them undertook to sell his pledge, and theother one had asked him to wait a year for his due. He said, "If it ispossible to divide the pledge, and the due of the one who asked him towait will not be decreased, half the pledge which is between them issold for him and he is given his due. If it is feared that his rightwill be decreased, all the pledge is sold, and the one who undertookto sell his pledge is given his due from that. If the one who askedhim to wait for his due is pleased in himself, half of the price ispaid to the pledger. If not, the pledgee is made to take an oath thathe only asked him to wait so that he could transfer my pledge to me inits form.' Then he is given his due immediately."Yahya saidthat he heard Malik say about a slave whose master had pledged him andthe slave had property of his own, "The property of the slave is notpart of the pledge unless the broker stipulates that."