Selling a pledged car when installment payments become impossible
Machine translationRead the Arabic original
Question:
What is your opinion on a sale of this nature? A car is sold for a specific amount on installments. If the buyer is unable to pay after that, the seller sells the car and takes the remainder of his right, and gives what remains of its value to the buyer. It is known that this was the condition before the sale.
Answer:
If he pledged the car for its specified value, and it becomes impossible to fulfill the obligation, he sells the car and takes his right from the pledge. There is no harm in this. The pledge is not established except for this purpose: for the seller to take his right from it. When the term expires, the pledge is sold and the creditor takes his right, and if anything remains, it is returned to the debtor.
What is your opinion on a sale of this nature? A car is sold for a specific amount on installments. If the buyer is unable to pay after that, the seller sells the car and takes the remainder of his right, and gives what remains of its value to the buyer. It is known that this was the condition before the sale.
Answer:
If he pledged the car for its specified value, and it becomes impossible to fulfill the obligation, he sells the car and takes his right from the pledge. There is no harm in this. The pledge is not established except for this purpose: for the seller to take his right from it. When the term expires, the pledge is sold and the creditor takes his right, and if anything remains, it is returned to the debtor.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/74 شرح زاد المستقنع/ صالح الفوزان — youtube.com (55:45)
The Arabic text is a machine transcription of the audio recording.