If the debtor owns saleable property but refuses to sell it toward the debts, Abu Yusuf and Muhammad allow the judge, in the relevant judicial setting, to sell what is necessary for repayment.
This differs from Abu Hanifah’s general approach. The judge acts in place of the unwilling debtor to preserve established creditor rights, rather than leaving recovery dependent indefinitely on a voluntary sale.
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When the debtor refuses to sell
Kitab al-Hajr: Insolvency, Interdiction and Creditors’ Rights
If the debtor owns saleable property but refuses to sell it toward the debts, Abu Yusuf and Muhammad allow the judge, in the relevant judicial setting, to sell what is necessary for repayment.
This differs from Abu Hanifah’s general approach. The judge acts in place of the unwilling debtor to preserve established creditor rights, rather than leaving recovery dependent indefinitely on a voluntary sale.