If the value of the destroyed pledge is of the same genus as the debt, and the trustee was authorized to settle the debt from the sale proceeds of the pledge, can the trustee settle the debt from the value?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

The trustee has the right to settle the debt from the value because the value stands as a substitute for the pledge and is of the same genus as the debt, thereby resembling the sale price (thaman al-bay'.