Is it permissible to borrow money in exchange for giving the lender my land as a pledge so that he can invest in it?
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Question:
May Allah reward you, Honorable Shaykh. This questioner says: I borrowed a sum of money from a person, and he asked me for a pledge, so I gave him a piece of land and allowed him to invest in it and farm it until I repay the loan. What is the ruling on this action? And if he is not willing to lend to me unless I give him a pledge from which he benefits, such as land to farm, for example, without any condition from him, what is the ruling on this?
Answer:
This is riba (usury or interest). This is riba. A loan is not taken with a worldly benefit attached to it. In the hadith,Bulugh al-Maram 7:99 and the scholars agreed on this: it is forbidden to take a loan, it is forbidden to take a benefit that is stipulated. He says, "I will not lend to you except on the condition that you provide me with a benefit, whether you let me live in your house, or you give me a car to use, or I farm your land." If this is stipulated, this is riba. But if it is not stipulated.
But you offered him this thing without a condition at the time of repayment, before repayment. This is at the time of repayment. As for before repayment, it is not permissible for you to give him anything, nor to give him a benefit before repayment. But at the time of repayment, there is no harm in you giving him more without stipulation. The Prophet (peace and blessings be upon him) said, the Messenger (peace and blessings be upon him) said, "He borrowed a two-year-old camel, and when he came to ask for it, they found only a four-year-old camel, so he said, 'Give it to him, for the best of you are the best in repaying a debt.'" So at the time of repayment, if it is not stipulated, there is no harm in you giving him more. But if you give him something before repayment, this is not permissible. Yes.
From the camels, meaning a young one. When he came to ask for it, they found only a four-toed camel of good quality. He said, "Give it to him, for the best of you are those who are best in fulfilling their obligations." So when it comes to fulfilling the obligation, if no condition was specified, there is no harm in you giving him more. But if you give him something before fulfilling the obligation, that is not permissible. Yes.
May Allah reward you, Honorable Shaykh. This questioner says: I borrowed a sum of money from a person, and he asked me for a pledge, so I gave him a piece of land and allowed him to invest in it and farm it until I repay the loan. What is the ruling on this action? And if he is not willing to lend to me unless I give him a pledge from which he benefits, such as land to farm, for example, without any condition from him, what is the ruling on this?
Answer:
This is riba (usury or interest). This is riba. A loan is not taken with a worldly benefit attached to it. In the hadith,
Every loan, which leads to a benefit, is usury.
كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ رِبًا،But you offered him this thing without a condition at the time of repayment, before repayment. This is at the time of repayment. As for before repayment, it is not permissible for you to give him anything, nor to give him a benefit before repayment. But at the time of repayment, there is no harm in you giving him more without stipulation. The Prophet (peace and blessings be upon him) said, the Messenger (peace and blessings be upon him) said, "He borrowed a two-year-old camel, and when he came to ask for it, they found only a four-year-old camel, so he said, 'Give it to him, for the best of you are the best in repaying a debt.'" So at the time of repayment, if it is not stipulated, there is no harm in you giving him more. But if you give him something before repayment, this is not permissible. Yes.
From the camels, meaning a young one. When he came to ask for it, they found only a four-toed camel of good quality. He said, "Give it to him, for the best of you are those who are best in fulfilling their obligations." So when it comes to fulfilling the obligation, if no condition was specified, there is no harm in you giving him more. But if you give him something before fulfilling the obligation, that is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل يجوز أن أقترض مالًا مقابل أن أعطي المقرض أرضي كرهن ليستثمرها؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
