The Sale of a Pledge and Whether It Requires a Judge’s Ruling
Machine translationRead the Arabic original
Question:
Honorable Shaykh, does the sale of a pledge require a judge’s ruling, or is it sold simply when the debt comes due?
Answer:
If they reconcile and sell it to pay off the debt, praise be to Allah. But if there is a dispute, a judge is necessary; a judge is necessary. If they reconcile between themselves and sell it—selling the owner’s property to pay off the debt, or selling the creditor’s property, selling it and taking his right and returning the remainder—that is fine. If they say, “Sell it,” or if the debtor says to the creditor, “Sell the pledge,” then in reality this is permissible; there is no harm. Otherwise, the pledgor says, “I will sell this property of mine and pay it off.” But if they dispute, a judge is necessary. Yes.
Honorable Shaykh, does the sale of a pledge require a judge’s ruling, or is it sold simply when the debt comes due?
Answer:
If they reconcile and sell it to pay off the debt, praise be to Allah. But if there is a dispute, a judge is necessary; a judge is necessary. If they reconcile between themselves and sell it—selling the owner’s property to pay off the debt, or selling the creditor’s property, selling it and taking his right and returning the remainder—that is fine. If they say, “Sell it,” or if the debtor says to the creditor, “Sell the pledge,” then in reality this is permissible; there is no harm. Otherwise, the pledgor says, “I will sell this property of mine and pay it off.” But if they dispute, a judge is necessary. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، أبواب السلم والقرض والرهن — islamhouse.com (14:36)
The Arabic text is a machine transcription of the audio recording.