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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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 judge or his representative, after giving the mortgagor a sufficient grace period to be determined by the judge.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/53706
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 53706
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy