If the pledgee approves the disposition, the obstacle arising from his protected right can be lifted and the suspended sale becomes effective.
For example, Zayd sells an item pledged against 900 dirhams to Amr without asking the creditor. Subsequent approval removes the bar to effectiveness. Consent operates on the pledgee’s security interest, which ownership by the pledgor alone could not override. Hanafi commentary further discusses how the claim may attach to the substitute proceeds.
Opening interactive controls...
Validation of the suspended sale by consent
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
If the pledgee approves the disposition, the obstacle arising from his protected right can be lifted and the suspended sale becomes effective.
For example, Zayd sells an item pledged against 900 dirhams to Amr without asking the creditor. Subsequent approval removes the bar to effectiveness. Consent operates on the pledgee’s security interest, which ownership by the pledgor alone could not override. Hanafi commentary further discusses how the claim may attach to the substitute proceeds.