he has not authorized it—meaning, he pledged the specific item but did not authorize its sale when the debt falls due if he refuses to repay. In that case, the two parties bring their dispute before the judge, unless the creditor is content for the debt to remain outstanding without the pledged property being sold. The judge then compels him to repay it, if the debtor has the means to do so. If he is poor or procrastinates, however, the judge compels him to sell the pledged property, saying: “Sell it, or authorize the pledgee or the custodian to sell it.” That is, he instructs him either to sell it himself directly or to authorize the custodian or the pledgee to sell it.
His statement, “If he does not do so, the judge sells it and settles his debt,” means that these stages are necessary, even though the judge could, from the outset, personally undertake the sale of the pledged property and settlement of the debt. This is in order to safeguard people’s property and avoid transgressing against it. Even the judge may not overstep the bounds with respect to people’s property except when they are unable to deal with it themselves. If this is not impossible, then people’s property must be respected. Thus, we do not sell the pledgor’s property on his behalf unless he is unable to repay his debt. Once he is unable to repay it, the judge then undertakes the sale of the pledged property and settlement of the debt.
At that point, the price of the pledged property will either be less than, greater than, or equal to the debt.
If it is equal, then one offsets the other: we give him its price, and the matter is concluded. If it is less—for example, if the debt is ten thousand riyals and the pledged property sells for eight thousand—we give him the price of the pledged property, and two thousand remains owed by the pledgor. We do not say that the assessed value of the pledged property is sufficient, for the pledgee is entitled only to what the pledged property fetches, since the debt is attached to the debtor’s liability, and that liability has not yet