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The question

What is the ruling on disposing of a gold pledge that its owner has not reclaimed after five years, knowing that its value has increased significantly, and must it be returned at its current value or at the amount for which it was pledged?

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

The pledged gold serves as collateral for the loan. It is forbidden for the lender to take all of the collateral; rather, he should sell only what is sufficient to repay the loan and return the remainder to its owner, based on the Almighty's saying: "O you who have believed, fear Allah and give up what remains [due to you] of interest." The mortgagee is not permitted to dispose of the collateral except with the owner's permission or a ruling from the judge. If the due date arrives and the debtor does not fulfill his obligation, the collateral is sold, the debt is settled, and the remainder belongs to the owner. You must return gold of the same weight to the woman. It is advisable to mediate for a reconciliation acceptable to both parties.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
17255
Imported
Translation status
Source text, unreviewed
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