The Ruling on Pledges and the Creditor’s Benefit from Them

Question:
We move on to another questioner who asks, may Allah preserve you, about the ruling on pledges, what a pledge is, and the ruling on the creditor benefiting from the pledge. Is it permissible for a person who does not have a house to look for a house to pledge from its owner in exchange for a loan, and to benefit from living in it until the repayment date?

Answer:
A pledge is a security, a security in a sale. Allah the Exalted said: . So the debt is first secured by writing if that is possible. If there is no writing, then pledges are taken for the sake of security. The benefit of the pledge belongs to its owner; the benefit of the pledge is not for the creditor unless he spends on the pledge. If he spends on the pledge, such as feeding the animal, he said: . So if he is spending on the animal, there is no harm in riding it and benefiting from it in exchange for what he spent on it.
As for benefiting from the pledge without permission, without the pledgor’s permission, no, that is not permissible. The benefit of the pledge belongs to the pledgor, its owner. The pledge is not withheld from its owner; he has its gain and bears its loss, as the Prophet (peace and blessings be upon him) said. So we have the pledgor, who is the owner of the asset, and we have the creditor, who is the owner of the debt. The creditor does not benefit from the pledge, he does not benefit from the pledge except with the pledgor’s permission or if he spends on it. The camel is ridden if he spends on it, if it is pledged; that is, he benefits from riding it if he is spending on it, or from milking it if he milks it and is spending on it. Yes.

The presenter:
May Allah bless you,