Is it permissible for the father to take the debtor's farm and benefit from selling its produce until the debt is paid, and should what the father earns be deducted from the debt amount?
Pledging (Al-Rahn) is a permissible contract for securing transactions, as stated in the Quran: ﴿And if you are on a journey and find no scribe, then let there be pledges taken in hand.﴾ And due to the actions of the Prophet, peace and blessings be upon him. Therefore, there is no impediment for your father to take the farm as a pledge from the one he lent money to, until he receives his full right, on condition that he does not benefit from its produce. Rather, the produce must go to the owner, because the Prophet, peace and blessings be upon him, said: "The pledge is not forfeited from its owner; its gain is for him and its loss is upon him." This is because the mortgagee's benefit from the produce of the pledge without deducting it from the debt is usury, unless both parties agree to sell the produce and deduct it from the debt, in which case there is no harm.
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- Original fatwa ID
- 70007
- Imported
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