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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Setting a Specific Term for Repaying a Debt and the Pledgor’s Benefit from the Pledge

Machine translationRead the Arabic original
The questioner:
Repaying the debt?

The Shaykh:
A specific term is required for repaying the debt. One of the conditions for validity is that the term be specified. If the term is not specified, it is not valid, because disputes will arise. Yes.

The questioner:
And Shaykh Abu Thawbin said: “Travelers, a chapter on medicine in exchange for their hands.”

The Shaykh:
In exchange for the debt.

The questioner:
In exchange for what?

The Shaykh:
It is not permissible for the pledgor to benefit from the pledge except in exchange for spending on it, if it is something that requires maintenance, such as animals or slaves. This is because animals and slaves will die if they are not maintained. If it becomes difficult for the owner, who is the debtor, to maintain them, the creditor may spend on them to the extent that he benefits from them. His saying
(ﷺ) said: "An animal may be ridden, due to what is spent on it, when it is in pledge; and the milk of a camel may be drunk, due to what is spent on it, when it is in pledge. And the responsibility of spending on it is upon the one who rides (it) and drinks (its milk)."صلى الله عليه وسلم الظهر يركب بنفقته إذا كان مرهونا، ولبن الدر يشرب بنفقته إذا كان مرهونا، وعلى الذي يحلب ويركب النفقة
Bulugh al-Maram 7:96
, this is in exchange because the animal has sanctity, so if it is left, it will die. As for what does not require maintenance and expense, such as a house, a car, or clothes, it is left alone, as they do not require expense. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 16 من 89|شرح العدة في شرح العمدة|البيوع|باب القرض وغيره|صالح الفوزان|الفقه|كبار العلماء — youtube.com (17:35)

The Arabic text is a machine transcription of the audio recording.

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