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The question

Is it necessary, after 25 years have passed since a house was mortgaged, to repay the same mortgage amount to reclaim it, knowing that the mortgaged house was rented out?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a person borrows money and mortgages their house to the creditor, the debt is repaid with an equivalent amount, regardless of changes in the house's value. If the mortgaged house is rented to the mortgagee, and the debt is for a sale price or similar, there is no harm in the creditor benefiting from the house, whether with or without rent. However, if the debt is a loan, it is forbidden for the creditor to benefit from the house without rent, because it is a "loan that brings benefit." As for benefiting with a fair market rent and without favoritism, it is permissible in a loan and other cases, because the benefit is from the rental, not from the loan.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
78638
Imported
Translation status
Source text, unreviewed
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