Under what conditions can the collateral item be sold if it is perishable?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the mortgagee stipulated the right to sell the collateral, or if the mortgagee was permitted to sell it after the contract, or if there was mutual agreement for the mortgagor or someone else to sell it, the sale is executed. If neither of these conditions is met, the judge sells the item and holds the proceeds as collateral. The judge does not expedite the settlement of the debt from the price because that would constitute premature fulfillment of the debt before its due date. This same ruling applies if clothes, such as wool, or an animal were mortgaged, and their spoilage or death was feared.

Supporting text

Imam Ahmad stated concerning one who mortgages clothes whose spoilage is feared, such as wool, that he should approach the ruler (Sultan) and order him to sell them.