What is the ruling on one who mortgaged a farm and then refused to return it to its owner unless the owner destroyed what he had added to it of trees and plants, knowing that he exploited it, sold its fruits, and gave nothing to the original owner?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The mortgagee is not permitted to benefit from the mortgaged property unless the mortgage is part of a sale transaction and the manner and duration of the benefit are specified. If the mortgagee wishes to leave the land, he does not have the right to uproot its trees; rather, the choice belongs to the owner of the land.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/87253
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 87253
- 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