When the due date for repaying a debt arrives and the debtor does not pay, and the pledge is land, is the pledgee permitted to sell the land?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, the questioner says: When the due date for repaying a debt arrives and the debtor does not pay, and the pledge is land
The Shaykh:
Okay.
The questioner:
and the pledge is land, is the creditor permitted to take from the land an amount equivalent to his debt?
The Shaykh:
The pledgee is not the creditor, nor is he the pledgor. Yes.
The questioner:
So is the pledgee permitted to take from the land an amount equivalent to his debt?
The Shaykh:
He does not take it, my brother. He does not confiscate the land from its owner, neither all of it nor part of it. He does not confiscate it; rather, it is sold. The land is sold, the debt is paid from its price, and if anything remains, it belongs to its owner. The one who handles this in case of dispute is the judge.
Honorable Shaykh, may Allah grant you success, the questioner says: When the due date for repaying a debt arrives and the debtor does not pay, and the pledge is land
The Shaykh:
Okay.
The questioner:
and the pledge is land, is the creditor permitted to take from the land an amount equivalent to his debt?
The Shaykh:
The pledgee is not the creditor, nor is he the pledgor. Yes.
The questioner:
So is the pledgee permitted to take from the land an amount equivalent to his debt?
The Shaykh:
He does not take it, my brother. He does not confiscate the land from its owner, neither all of it nor part of it. He does not confiscate it; rather, it is sold. The land is sold, the debt is paid from its price, and if anything remains, it belongs to its owner. The one who handles this in case of dispute is the judge.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1754 -3022] إذا حل موعد سداد الدين، ولم يسدد المدين، وكان الرهن أَرضا، فهل للمرتهن أن يبيع الأرض؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.