Is it permissible to finish one of the apartments in a building we inherited, which is incomplete, mortgaged to the bank, and has other debts, and there is a legal dispute with the bank, in order to live in it until the dispute ends?

The usufruct of the mortgagor from the mortgaged property by dwelling is a matter of dispute among scholars. Some are of the view that the mortgagor is not permitted to benefit from or dispose of the mortgage except with the consent of the mortgagee. Others hold that he may lease it or lend it for a period that does not extend beyond the due date of the debt. If the matter is brought before the courts, the ruling of the judge is decisive, for his judgment in disputed matters resolves the disagreement.