One of the possessions that the mortgage, from the viewpoint of his actual Right may do is the sale of the object pledged. Dispensing with the well- known idea of the Islamic jurists and the jurists that they believe that the sale is not binding but with, study some of the Islamic ideas and articles 794 and 793 of code civil it seems that the sale of the object pledged is not harmful for mortagagee and it must be valid. Because according to the article 793 only the possessions that are against to the right of mortgagee need his permission .With description the subject of the sale, the situation of the other possessions will be clear and the problems between the mortgager and mortgagee and between the banks and the borrowers will be solved. In this article the sale of the object pledged has been examined from the viewpoint of the Islamic jurists and jurists that in the middle of the Islamic ideas that the sale is invalid or the sale is not binding and the sale is valid if seems that the idea of validity is suitable with the positive law.
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