An unauthorized sale of pledged property may remain suspended because immediate transfer would infringe the pledgee’s retention right. Al-Quduri nevertheless treats manumission as effective and protects the financial claim through an alternative remedy.
Both rules protect the creditor’s legitimate interest, but the legal outcomes differ: the sale can remain suspended, whereas the manumission takes effect.
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Why manumission differs from suspended sale
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
An unauthorized sale of pledged property may remain suspended because immediate transfer would infringe the pledgee’s retention right. Al-Quduri nevertheless treats manumission as effective and protects the financial claim through an alternative remedy.
Both rules protect the creditor’s legitimate interest, but the legal outcomes differ: the sale can remain suspended, whereas the manumission takes effect.