after the retraction and before [the pledgee] knows, there are two possibilities, based on the [legal rules] regarding the dismissal of an agent before he knows of it. If they differ concerning the retraction before the sale, the Qadi said: The statement of the pledgee is also accepted, because the default [presumption] is the absence of retraction and the absence of a sale before the retraction, thus the two presumptions conflict, and the object remains a pledge as it was. Al-Shafi'i held this view in its entirety. This applies to that which does not require sale; as for that for which necessity demands its sale, such as that which is feared to perish, if permission for its sale is given unconditionally, the right attaches to its price, because its sale is warranted, so it resembles that which is sold after the debt becomes due.

Section: If the debt becomes due, the pledgor is obligated to fulfill it, because it is a due debt, so its fulfillment is mandatory, like that which is not pledged. If he does not fulfill it, and he had given permission to the pledgee or to an impartial third party ('adl) to sell the pledge, he sells it and fulfills the right from its price; what exceeds the price belongs to its owner, and if anything of the debt remains, it is upon the pledgor. If he did not give permission to either of them to sell it, or if he had given permission and then dismissed them, he is requested to fulfill the debt or sell the pledge. If he does so, it is well; otherwise, the ruler does what he deems appropriate regarding imprisoning and disciplining him in order to sell it, or he sells it himself or through his trusted agent. Al-Shafi'i held this view. Abu Hanifa said: The ruler does not sell it, because the authority of the ruler is over the person who owes the right, not over his property, so his sale without his permission is not effective. Our view is that it is a right that has been specifically placed upon him, so when he refuses to render it, the ruler stands in his stead in rendering it, like fulfillment from the same category as the debt. If he fulfills the debt from other than the pledge, the pledge is released.

799 - Issue: He [the author] said: (And the pledgee is more entitled to the price of the pledge than all other creditors, until he receives his right, whether the pledgor is alive or dead.)

The sum of this is that if the assets of the pledgor are insufficient to cover his debts, and the creditors demand their debts, or he is interdicted for insolvency (falas), and it is intended to distribute his wealth among his creditors, the first to be prioritized is he who has a claim for damages for a crime (arsh jinaya) that attaches to the person of one of the insolvent person's slaves, for the reason we mentioned earlier. Then, he who has a pledge; for he is specified with its price