for it is the substitute for the pledge of the same genus as the debt, so it resembles the price of a sale.

Section: If both parties authorize the neutral party to sell and they specify a currency for him, he is not permitted to contradict them. If they disagree, one of them saying, "Sell it for dirhams," and the other saying, "For dinars," he shall not accept the word of either, because each of them has a right therein; for the pledgor there is the ownership of the right, and for the pledgee there is the right of security and the satisfaction of his due. He shall refer the matter to the judge, who will order whoever sells it to do so in the currency of the land, whether it is of the same genus as the debt or of a different genus, regardless of whether it matches the statement of one of them or does not; because the benefit lies in that, and the most appropriate course is that he sells it for whatever he sees as beneficial. If there are two currencies in the land, he shall sell it for the most common of them. If they are equal, al-Qadi said: He sells it for whatever his legal reasoning (ijtihad) leads him to, which is the position of al-Shafi'i, because it is more beneficial, and the purpose is to achieve that benefit. If they are equal, he sells it for the genus of the debt. If the genus of the debt is not among them, the judge specifies for him what he is to sell it for. His ruling is that of an agent regarding the obligation of precaution, the prohibition of selling for less than the equivalent price, and the prohibition of selling on credit; whenever he contradicts this, the same liabilities that apply to a contrary agent apply to him. Regarding the sale on credit, he mentioned another narration: that it is permissible, based on the position regarding the agent. This is not valid, because the sale here is for the satisfaction of a due debt that must be expedited, and the sale on credit prevents that. We say the same regarding the agent; whenever a circumstantial evidence is found in his case indicating a prohibition of selling on credit, it is not permissible for him, and the two narrations exist only in the absence of such evidence. In every instance where we rule that the sale is void, it is mandatory to return the sold item if it is still present. If that is impossible, the pledgee has the right to hold whoever he wishes liable, between the neutral party and the purchaser, for the lesser of two amounts: the value of the pledge or the amount of the debt; because he takes the value of the pledge as a satisfaction of his right, not as a pledge, and therefore he is not entitled to take more than his debt. The remainder of the value of the pledge belongs to the pledgor, and he may seek it from whichever of the two he wishes. And whenever the purchaser is held liable, he has no recourse against anyone, because the actual item perished in his hand; but if the neutral party is held liable, he has recourse against the purchaser.