Who pays the fee for the auctioneer and other related services?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If an unpaid auctioneer is found, they are used. Otherwise, the fee for the auctioneer is paid from the bankrupt's estate because the sale is a right against the estate, being the means to fulfill the debt. Similarly, fees for custodians of the assets, the proceeds, and porters are paid from the estate.
Supporting text
It is held that the fee should be paid from the public treasury (bayt al-mal) because it is considered a public benefit (masalih).