What is the obligation if a sale conducted by the authorized person is deemed void?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
Whenever a sale is judged void, the object sold must be returned if it remains intact. If returning the object is impossible, the mortgagee (creditor) may hold liable either the authorized person or the buyer for the lesser of two amounts: the value of the pledge or the amount of the debt. This is because the mortgagee is taking the value of the pledge to satisfy his right, not as a pledge, so he cannot take more than his due debt. Any remaining value of the pledge belongs to the mortgagor, who may then seek restitution from either the authorized person or the buyer.
Supporting text
If the debt is satisfied from the pledge, the mortgagor may seek the value of the property from whomever he chooses between the authorized person and the buyer. If the buyer is held liable and the item has perished in his possession, he has no recourse for restitution against anyone. If the authorized person is held liable, he may seek restitution from the buyer.