What is the ruling regarding selling numerous pledged items when the owners are unknown and cannot be located?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person possesses many pledged items whose owners or their heirs are unknown, and one despairs of finding them, the ruling is that the items shall be sold, and the proceeds used to satisfy the debt owed to the pledgee. The surplus from the sale must be given away as charity. If the rightful owners are later discovered, they are given the choice between accepting the merit of the charity done on their behalf or the pledgee compensating them for the value. This position is held by Abdullah ibn Ahmad, based on his father's view, and is supported by Abu al-Harith's account of Ahmad concerning long-held pledges where the owner is despaired of finding.

Supporting text

Abu Talib narrated a view from Ahmad stating that the pledgee must not satisfy his debt from the sale proceeds immediately. Rather, if the owner appears later, the pledgee must return the item to him and then claim his debt. However, if the matter is brought before a judge (Hakim) who orders the sale, and the pledgee satisfies his debt from the proceeds, then that action is permissible.