What is the ruling on a pledge if its term expires, and is it permissible to sell it while returning the surplus or demanding the deficit from its price?
The mortgagor is not permitted to benefit from the mortgaged item except by prior agreement between the two parties. If the term expires and the debtor has not repaid the loan, the mortgaged item may be sold. Any surplus from its price beyond the original loan amount shall be returned, and any deficit shall be recovered. However, the sale must be conducted by the Sharia judge or his representative, after giving the mortgagor a sufficient grace period to be determined by the judge.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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