Case 1: the owner sells without consent while 300 remain due. The sale is suspended.
Case 2: the pledgee then gives approval. The impediment arising from his right is lifted.
Case 3: the owner fully repays the 300. The pledgee’s retention right is discharged.
Case 4: only 100 are paid, 200 remain, and there is no consent. Partial payment alone does not establish full effectiveness of the sale.
Opening interactive controls...
Distinguishing ownership, retention and effectiveness
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
Case 1: the owner sells without consent while 300 remain due. The sale is suspended.
Case 2: the pledgee then gives approval. The impediment arising from his right is lifted.
Case 3: the owner fully repays the 300. The pledgee’s retention right is discharged.
Case 4: only 100 are paid, 200 remain, and there is no consent. Partial payment alone does not establish full effectiveness of the sale.