Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Is it permissible for the pledgee to benefit from the pledge, such as a farm that the pledgee repairs? Is it permissible for him to take all of its produce without giving the pledgor anything?

Machine translationRead the Arabic original
The questioner : Is it permissible for the pledgee to benefit from the pledge, such as a farm that the pledgee repairs? Is it permissible for him to take all of its produce without giving the pledgor anything?

The Shaykh : That is not permissible. What is permitted is the riding and the milking. The Prophet (peace and blessings be upon him) said:
The milk of milch camels may be drunk for payment when in pledge, and the animal may be ridden for payment when it is pledge الدر يُشرب بنفقته إذا كان مرهوناً، والظهر يُركب بنفقته إذا كان مرهوناً
Sunan Abi Dawud 3526Sahih (Al-Albani)
This means the milk. If the pledgee takes the cow or the sheep and spends on it, he is allowed to drink the milk, but only to the extent of the maintenance costs. If the value of the milk is estimated to be more than the maintenance costs, the value is preserved for the pledgor. For example, if he spends ten on it every day but sells twenty of its milk every day, the extra ten is preserved for the pledgor and becomes a pledge following the original pledge. Likewise, the back of the camel or donkey that is pledged is ridden to the extent of its maintenance costs. As for anything else, the increase follows the pledge, meaning it belongs to the pledgor, but it follows the pledge in being pledged with the pledgee. Yes.

The questioner : May Allah reward you. The questioner, Taha 'Abd al-Salam, an Egyptian, says.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas