The earlier rule against pledging an undivided fractional share in the Hanafi doctrine concerns an independently pledged portion that lacks the required distinct possession. Here each creditor’s security right is attached from the outset to the entire specified item.
Multiple rights over one intact object must therefore not be confused with separate pledges of indeterminate fractional pieces. Hanafi commentary makes this distinction central to the ruling.
Opening interactive controls...
Why this differs from an undivided fractional pledge
Kitab al-Rahn: Two Pledgees, Conditional Security and Custody
The earlier rule against pledging an undivided fractional share in the Hanafi doctrine concerns an independently pledged portion that lacks the required distinct possession. Here each creditor’s security right is attached from the outset to the entire specified item.
Multiple rights over one intact object must therefore not be confused with separate pledges of indeterminate fractional pieces. Hanafi commentary makes this distinction central to the ruling.