How should the auctioneer be selected for the sale of the bankrupt's assets?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The judge directs the creditors to appoint a town crier to announce the goods. If they agree upon a trustworthy person, the judge confirms the appointment. If they agree on someone untrustworthy, the judge rejects that person. The judge rejects an untrustworthy appointee agreed upon by all creditors because the judge has a supervisory role (nazar and ijtihad); a hidden creditor might emerge whose claim is attached to the property. This differs from a pledged item (rahn), where the judge has no such supervisory role even if the depositor and pledgee agree on an untrustworthy seller.
Supporting text
If the bankrupt chooses one person and the creditors choose another, the judge affirms the more trustworthy candidate. If both are trustworthy, the one offering their service without pay is preferred as it is more beneficial. If both are unpaid, one is joined with the other. If both demand a fee, the one known to be more knowledgeable and trustworthy is preferred; if equal, the one the judge has seen (is familiar with) is preferred.