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Is it permissible to take an interest-bearing loan from the bank to buy the land of an indebted brother, in order to help him settle his debts and end the dispute with the merchant?

1 min readAlso available in العربية

The question contains several points:

1. Mortgaging a plot of land as security for a debt is permissible in Islamic law. 2. Mortgaging the land to a bank: Borrowing with usury to pay off a debt is not permissible except in cases of extreme necessity, the ruling of which has been explained in previous fatwas. 3. Tribal judgments: They must be based on the Quran and Sunnah; otherwise, they are a form of pre-Islamic ignorance (Jahiliyyah). The indebted brother is not obliged to sell his house to pay off the debt if he has sufficient other funds or properties, or if he cannot find another suitable dwelling. Brothers are not obliged to pay their brother's debt unless they voluntarily donate to do so, in which case they will receive a great reward. They are not obliged to financially support him unless he is poor and in need. 4. Purchasing the brother's plot of land through a loan: If the loan is a benevolent loan (qard hasan) without interest, there is no objection to it. The purchase can be made directly unless there is a judicial attachment, in which case the purchase must be made through the court. If the loan is usurious (riba-based), it is not permissible in Islamic law.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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