Should the creditors be present during the judicial sale of the bankrupt's assets?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
It is recommended that the creditors attend the sale for four reasons: firstly, the sale is being conducted for their benefit; secondly, they might bid higher, which benefits both them and the bankrupt; thirdly, it reassures them and removes suspicion; and fourthly, one of them might recognize their original property and claim it.
Supporting text
If the sale proceeds without the presence of all creditors, it is valid because the matter is entrusted to the judge's discretion (ijtihad), and their judgment might prioritize immediate sale before assembly.