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The question

What is the ruling on mortgaging a house for a sum of money, with the mortgagee living in it for a specified period, then the money and the house are returned? Is this considered usury, i.e., "a loan that draws a benefit"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The mortgagee is not permitted to benefit from the mortgaged dwelling in the manner mentioned in the question. The scholars have reached a consensus on this, because it falls under the category of a loan that draws a benefit, which is forbidden usury (riba).

If the benefit is in exchange for a fair market rent, the majority of scholars hold that this is impermissible, though the Hanbalis permitted it. The safer course of action is to adopt the view of the majority.

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Ftawy
Original fatwa ID
34772
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