Is it permissible for the lender to take the mortgaged apartment—if its value exceeds the loan amount—or must the apartment be sold and the surplus returned to the borrower?

If the loan term expires and the debtor is unable to repay, the creditor is permitted to sell the collateral and collect his debt.

If the collateral is sold, its price will either be equal to, less than, or more than the debt:

- If it is equal: The price is given, and the matter is concluded. - If it is less: The price of the collateral is given, and the remaining debt stays with the mortgagor. - If it is more: The creditor collects his right, and the remainder is returned to the mortgagor.

It is forbidden for the lender to take more than his due, unless the borrower willingly and genuinely offers the excess without any prior condition between them. However, if the excess is taken out of shame or coercion, it is not permissible, because it constitutes consuming people's wealth unjustly.