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The question

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?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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.

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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.
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Read the full answer on Ftawy