What is the obligation of the debtor (Rahin) when the debt secured by collateral (Rahn) becomes due?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
When the debt becomes due, the debtor must fulfill the obligation because it is an immediate debt, similar to a debt without collateral. If the debtor fails to pay and has authorized the pledgee or an arbiter to sell the collateral, the sale proceeds are used to settle the debt. Any surplus goes to the owner of the collateral, and any remaining debt balance rests upon the debtor. If the debtor did not authorize the sale, or revoked prior authorization, the debtor is pressed for payment, and the judge may order the debtor's confinement or reprimand to compel the sale, or the judge may sell the collateral directly or through an appointee.
Supporting text
Abu Hanifa holds that the judge cannot sell the collateral without the debtor's permission, asserting that the judge's authority is over the person who owes the right, not over their property, thus rendering a sale without consent invalid.