The ruling on the sale of a pledged house by the pledgor at the real estate registry
Machine translationRead the Arabic original
The questioner : May Allah reward you. Regarding this, we said that a pledge does not require possession; rather, the mere contract is sufficient?
The Shaykh : Yes.
The questioner : Now, may Allah reward you, does the Real Estate Development Fund take possession?
The Shaykh : Yes.
The questioner : They do not take possession, and yet people’s rights are lost because they do not pay them off.
The Shaykh : What?
The questioner : People do not pay, so the rights are lost.
The Shaykh : If possession were required, it would follow that the real estate bank must take possession of all these houses that were pledged,
The questioner : Let it be, O Shaykh, why? Let it be.
The Shaykh : No, and that is not sufficient.
The questioner : Why, O Shaykh? Because if…
The Shaykh : It becomes a burden on them.
The questioner : No, it does not become a burden on them; the houses remain in the name of the Fund, and they benefit from them until they pay them off, then they are transferred to their names.
The Shaykh : It is like that now.
The questioner : No, it is not like that now; they are in the names of their owners.
The Shaykh : Yes, but they cannot dispose of them.
The questioner : They are selling them now.
The Shaykh : They do not sell them at all except with its permission. Initially, it was completely prohibited, but now they have permitted the sale, the same government has permitted the sale on the condition that the buyer has not benefited from the Fund,
The questioner : Now, the people’s method of selling, O Shaykh, if he wants to sell, he says, “I will sell you the house, for example, for two hundred thousand,” and the bank accepts this sale.
The Shaykh : It is not permissible except with conditions; that is what we hold. The people have done something else. We do not hold it to be valid unless the conditions are met. Initially, the Fund did not grant permission at all, then they changed it to a relaxation for the Fund to permit the sale, but on the condition that the buyer has not benefited from the Fund,
The Shaykh : Yes.
The questioner : Now, may Allah reward you, does the Real Estate Development Fund take possession?
The Shaykh : Yes.
The questioner : They do not take possession, and yet people’s rights are lost because they do not pay them off.
The Shaykh : What?
The questioner : People do not pay, so the rights are lost.
The Shaykh : If possession were required, it would follow that the real estate bank must take possession of all these houses that were pledged,
The questioner : Let it be, O Shaykh, why? Let it be.
The Shaykh : No, and that is not sufficient.
The questioner : Why, O Shaykh? Because if…
The Shaykh : It becomes a burden on them.
The questioner : No, it does not become a burden on them; the houses remain in the name of the Fund, and they benefit from them until they pay them off, then they are transferred to their names.
The Shaykh : It is like that now.
The questioner : No, it is not like that now; they are in the names of their owners.
The Shaykh : Yes, but they cannot dispose of them.
The questioner : They are selling them now.
The Shaykh : They do not sell them at all except with its permission. Initially, it was completely prohibited, but now they have permitted the sale, the same government has permitted the sale on the condition that the buyer has not benefited from the Fund,
The questioner : Now, the people’s method of selling, O Shaykh, if he wants to sell, he says, “I will sell you the house, for example, for two hundred thousand,” and the bank accepts this sale.
The Shaykh : It is not permissible except with conditions; that is what we hold. The people have done something else. We do not hold it to be valid unless the conditions are met. Initially, the Fund did not grant permission at all, then they changed it to a relaxation for the Fund to permit the sale, but on the condition that the buyer has not benefited from the Fund,
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4416] حكم بيع الراهن لبيته المرهون عند السجل العقاري - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.