The ruling on selling a mortgage?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A colleague of mine offered me a piece of land that has a mortgage on it which he has not yet paid off. He offered me the land for a sum of sixty thousand, knowing that the land is not worth more than twenty thousand. However, he raised the price because he is selling it together with the mortgage. Is it permissible for me to buy it and transfer the mortgage to my name?
Answer:
It is not permissible to sell the mortgage, because it is selling dirhams for dirhams, and that is not permissible. As for him selling the land in its own right, he sells the land, which is his property, and he may sell it. But selling it together with the mortgage, no, that is not permissible.
He says: Honorable Shaykh, may Allah grant you success. A colleague of mine offered me a piece of land that has a mortgage on it which he has not yet paid off. He offered me the land for a sum of sixty thousand, knowing that the land is not worth more than twenty thousand. However, he raised the price because he is selling it together with the mortgage. Is it permissible for me to buy it and transfer the mortgage to my name?
Answer:
It is not permissible to sell the mortgage, because it is selling dirhams for dirhams, and that is not permissible. As for him selling the land in its own right, he sells the land, which is his property, and he may sell it. But selling it together with the mortgage, no, that is not permissible.
Source
قناة «العلامة الدكتور صالح الفوزان»، [139 /1350] حكم بيع القرض العقاري؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.