This tape is a repeat of the one before it ! ! ! !
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The questioner : He says, O esteemed Shaykh, if a Muslim travels a distance that permits shortening the prayer and arrives in a country other than his place of residence, and he wants to shorten the prayer there, is that permissible for him, or is he obligated to attend the congregation in the mosque in that country? Please inform us, may Allah guide you.
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions. He is obligated to attend the congregation in the mosque, because the evidence regarding the obligation of attending the congregation is general and contains no specification. If that is the case, then it is obligatory to adhere to the generality.
The questioner : Yes.
The Shaykh : The Prophet (peace and blessings be upon him) argued for the generality with what is reported of his formulations when he was asked about donkeys, so he said (peace and blessings be upon him):.
The questioner : Yes.
The Shaykh : And it is His saying, the Exalted:[Az-Zalzalah 99:7] [Az-Zalzalah 99:8] So the generality encompasses all its individuals.
The questioner : Yes.
The Shaykh : And the traveler is a believer, so it is obligatory for him to attend the Friday prayer and the congregation as long as he is in a country where the Friday prayer and the congregation are held.
The questioner : Fine, how does he shorten the prayer while he attends with the congregation?
The Shaykh : He shortens the prayer if he misses the prayer, or if he is in a place far from the mosques where it is difficult for him to attend, and he fears that if he leaves his lodging, from his lodging, that ... someone might be upon him, and the like of that which excuses one from attending the congregation. But without an excuse, it is obligatory for him to attend the congregation.
The questioner : Yes.
The Shaykh : Yes.
The questioner : This is a message received from the sender from the Noble Mecca. He says, Abu Fatima, I wish you continued success and achievement, and to the esteemed scholars who undertake answering the questions of the citizens, I ask for an answer to these questions.
The questioner : What is the ruling on a man having intercourse with his wife before she has completed forty days, if she has been completely purified from post-natal bleeding, and is there a hadith regarding these forty days?
The Shaykh : It is permissible for the husband to have intercourse with his wife if she is purified from post-natal bleeding before the completion of forty days, and there is no blame on him for doing so.
The questioner : Yes.
The Shaykh : This is because there is no hadith from the Prophet (peace and blessings be upon him) prohibiting it or forbidding it. Furthermore, she is obligated to perform the prayer, which requires abstaining from intercourse or something less than that.
The questioner : Yes.
The Shaykh : If prayer is permissible, then intercourse is all the more permissible.
The questioner : Yes.
The Shaykh : Just as it is obligatory for her to establish the obligatory prayer and permissible for her to perform voluntary prayers if she is purified before the completion of forty days, she is not prevented from her husband having intercourse with her.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Also, Abu Fatima from the Noble Mecca says, many people, after finishing the obligatory prayer, move to another place in the same mosque to pray the two rak'ahs of the sunnah. What is the ruling on this movement of theirs, since I do the same as them and I do not know the reason for it? And what is the ruling on one who prays the obligatory and the sunnah in one place permanently?
The Shaykh : Their standing up from the place of the obligatory prayer to another place to perform the sunnah is one of the prescribed matters, because Mu'awiyah (may Allah be pleased with him) said: "The Messenger of Allah (peace and blessings be upon him) commanded us not to connect a prayer to another prayer until we go out or speak".
The questioner : Yes.
The Shaykh : And the Lawgiver has considered the distinction between voluntary worship with the nafilah and worship with the obligatory, so this is from Him so that the obligatory is distinguished from the voluntary by standing up from the place or by speaking with someone, so that the distinction and the difference between them are known.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Therefore, it is necessary to point out to some of our Muslim brothers, especially those outside the Kingdom of Saudi Arabia, who begin the voluntary prayer immediately after the obligatory prayer.
The Shaykh : Among those who begin the voluntary prayer immediately after the obligatory prayer, some pray it in their place.
The questioner : Yes.
The Shaykh : And some move from their place, but even so, we see that it is better for a person to perform the prescribed dhikr after the obligatory prayer before performing the voluntary prayer.
The questioner : Yes.
The Shaykh : Because Allah says:[An-Nisa 4:103].
The questioner : Yes.
The Shaykh : And the fā' in is a connector for the answer to the condition, and connecting the answer to the condition indicates immediacy, and that it is not befitting for a person to be occupied after the obligatory prayer with anything other than its dhikr. And we warn those we see doing this, but they are insistent on this action.
The questioner : Yes.
The Shaykh : That they perform the rawatib prayer immediately after the obligatory prayer, and we ask Allah to guide us and them to His straight path.
The questioner : Amen, very well.
The questioner : Regarding the dhikr recited after completing the prayer, do all five prayers share the same ruling, or are there prayers for which more dhikr is recited or mentioned afterward than for others?
The Shaykh : In general, they are equal, except that the Fajr prayer and the Maghrib prayer are distinguished from the others by the addition of the tahlil, where one says: "There is no god but Allah alone, with no partner. His is the dominion and His is the praise, and He is over all things competent," ten times. This is not something reported for the other prayers.
The questioner : Yes.
The questioner : Also, Abu Fatima from Mecca asks, what is the ruling on praying the sunnah of tawaf in any place of the Haram, or is the sunnah not permissible except at the Station of Ibrahim?
The Shaykh : The sunnah of tawaf is permissible in any place of the Haram, but it is better that it be behind the Station of Ibrahim, near it, if he does not cause harm or is not harmed by anyone. Otherwise, in a distant place, where he is kept away from harm. The important thing is that the Station be between him and the Ka'bah.
The questioner : Yes.
The Shaykh : Yes.
The questioner : His fourth question, in fact, has already passed on the program, but we repeat it for the benefit as well.
The questioner : He says, I have noticed many Indians praying the sunnah while sitting, knowing that they are in perfect health. Is praying the sunnah standing better than praying it sitting for one who is not sick?
The Shaykh : Yes, praying the sunnah standing is better, due to the saying of the Prophet (peace and blessings be upon him):Sunan Ibn Majah 1230Sahih (Darussalam) So it is better for a person to volunteer while standing.
The questioner : Yes.
The Shaykh : And if he has weakness or laziness, there is no blame on him if he prays sitting, and in this case, it is hoped that Allah will write for him the reward of the one who stands, because the Prophet (peace and blessings be upon him) said:.
The questioner : Yes.
The Shaykh : And it is permissible for him, even without an excuse, to volunteer while sitting, but his reward is diminished by that.
The questioner : Yes.
The questioner : Also, he says, I ask for the maximum number of rak'ahs for the sunnah before and after the obligatory prayers to be mentioned?
The Shaykh : The rawatib attached to the written prayers are twelve rak'ahs: four rak'ahs before the midday prayer and two after it, and two after the sunset prayer, and two after the night prayer, and two before the dawn prayer.
The questioner : Yes.
The Shaykh : And the most emphasized of these rawatib are the two rak'ahs before the dawn prayer. It is established from the Prophet (peace and blessings be upon him) that he did not leave them, whether present or traveling, and he said about them:Jami` at-Tirmidhi 416Sahih (Darussalam).
The questioner : Yes.
The Shaykh : And the sunnah in them is to lighten them, to lighten them, and to recite in them, in the first rak'ah after al-Fatihah: and in the second: [Al-Ikhlas 112:1] or to recite in the first after al-Fatihah: [Al-Baqarah 2:136] to the end of the verse from Surat al-Baqarah, and in the second: [Ali 'Imran 3:64] to the end of the verse from Surat al-Imran.
The questioner : Yes.
The questioner : Also, he says in his last question, what is the ruling on one who prays more than two rak'ahs after the adhan of Fajr?
The Shaykh : The ruling is that it is not befitting, because the Prophet (peace and blessings be upon him) used to restrict himself to two light rak'ahs, except if he prayed the rawatib in his house and then attended the mosque before the iqamah, in which case he does not sit until he prays two rak'ahs.
The questioner : Yes, you have done well.
The sender, Abu Fatima, says at the end of his message, these are some of my questions, and I have other questions related to marital matters, which I will send to you, if Allah wills, after hearing the answer to my questions.
We welcome your questions and you, O Abu Fatima, you and all the listeners who ask about matters of their religion. The message in our hands was received from the brothers Muhammad al-'Abd Allah al-Sab'i, Sanhat ibn Radan al-Shalwi, and Ali Abd al-Rahman al-Hudhali, and their colleagues. They say.
The questioner : We are a group of citizens who were given the opportunity to borrow from the real estate bank, and we want to sell our properties which the real estate bank has pledged, on the condition that the buyer commits to paying off what is in our debts to the bank. Is it permissible for us to dispose of them by sale? And if it is not permissible, what is the way out or solution for that?
The Shaykh : It is permissible for you to dispose of them by sale, on the condition that the officials in the Development Fund give you permission. If they give you permission, there is no harm. Or by another method, which is that you pay off the fund so that the property is released from the pledge. If the property is released from the pledge, there is no harm in selling it at that time, because no one has a right in it. But if the fund does not permit disposing of it by sale, and you do not release its pledge by paying it off, then it is not lawful for you to sell it.
The questioner : Yes.
The Shaykh : First, because it is pledged, and the pledged item is occupied by the right of the pledgor, and it is not permissible to sell it, because that would be a cause for many problems, and the right of the fund might be lost by such a disposition.
And second, because Allah, Glorified and Exalted is He, commanded the fulfillment of contracts, so He said, the Exalted:[Al-Ma'idah 5:1] And He commanded the fulfillment of the covenant, so He said: [Al-Isra 17:34]. And you have contracted with the fund a contract that entails that you do not dispose of this pledge without its permission. Then, in addition to that, it has stipulated in the contract document with the fund in one of the articles that the beneficiary does not dispose of it by sale or otherwise. And this condition has been accepted by the pledgor, the owner of the property, and he signed it and committed to it, so he must fulfill what he committed to. So fulfillment to the fund, if you committed to it as a condition, and what is obligatory upon you by the Shari'ah, is an obligatory matter upon you, because you will be asked about it. And as for one who is lenient in that and sells it on the pretext that the majority of scholars hold that the pledge is not binding except by taking possession, and that this property is not taken possession of by the fund because it is in the hand of its owner, then this leniency is questionable from two aspects.
The first aspect is that this pledgor has committed to a condition upon himself, which is that he does not dispose of it by sale or otherwise.
The questioner : Yes.
The Shaykh : So he has committed to that. And even if we assume that this is not the requirement of the absolute pledge if it is not taken possession of, then this is a commitment to a condition that does not contradict the Book or the Sunnah. And the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2521Sahih (Darussalam)
The questioner : Yes.
The Shaykh : And in the hadith in the Sunan, the famous one:.
The second aspect is that the correct opinion in this issue is that the pledge is binding even without taking possession, because there is no evidence for the obligation of taking possession of it except His saying, the Exalted:[Al-Baqarah 2:283]. And in reality, in this verse, Allah guides the person to secure his right in such a case, if he is on a journey and does not find a writer or a way to secure his right in such a case except by a pledged item taken possession of, because if he pledged something and did not take possession of it, it would be possible for the pledgor to deny that pledge, just as it is possible for him to deny the original debt.
The questioner : Yes.
The Shaykh : And because it is possible for the original religion to be denied, Allah the Exalted guided to the pledge that is taken into possession.
So, there is no way to secure his right in such a situation unless the pledge is taken into possession.
Then, the end of the verse indicates that if it is not taken into possession, it is obligatory for the one entrusted with it to fulfill his trust in it, because He said[Al-Baqarah 2:283].
The questioner : Yes.
The Shaykh : And if that is the case, then the pledgee has trusted the pledgor by leaving it with him. So, if he has trusted him, it is obligatory for the pledgor to fulfill his trust and to fear Allah, his Lord.
Then, the practice of people among us is in accordance with this. The owner of the orchard borrows to improve his orchard, and his orchard is in his hand. The owner of the car pledges his car while it is in his hand, and he works with it and benefits from it.
The questioner : Yes.
The Shaykh : Likewise, the owner of the house pledges it to another while he is living in it. People consider this a binding pledge, and they hold that it is not permissible for the pledgor to dispose of it by selling it.
So, the correct opinion in this issue is that the pledge is binding even if it is not taken into possession, as long as it is specified. This real estate for which he borrowed from the Development Fund is a specified, existing pledge. So, the pledge in it is binding, even if it is in the hand of the pledgor.
The questioner : Yes.
The Shaykh : Therefore, it is not permissible for one who has borrowed from the Development Fund to sell the real estate for which he borrowed, except in one of the two previous cases: that he seeks permission from the bank officials and they grant it to him, or that he pays off the bank and releases the real estate from the pledge.
The questioner : Yes.
The Shaykh : And Allah is the One who grants success.
The questioner : May Allah reward you.
The Shaykh : Praise be to Allah, Lord of the worlds, and may peace and blessings be upon our Prophet Muhammad, and upon his family and all his Companions. He is obligated to attend the congregation in the mosque, because the evidence regarding the obligation of attending the congregation is general and contains no specification. If that is the case, then it is obligatory to adhere to the generality.
The questioner : Yes.
The Shaykh : The Prophet (peace and blessings be upon him) argued for the generality with what is reported of his formulations when he was asked about donkeys, so he said (peace and blessings be upon him):
Only this general, eloquent verse was revealed to me regarding it.
لم ينزل علي فيها إلا هذه الأية العامة الفاذةThe questioner : Yes.
The Shaykh : And it is His saying, the Exalted:
So whoever does an atom's weight of good will see it,
فَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْراً يَرَهAnd whoever does an atom's weight of evil will see it.
وَمَنْ يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرّاً يَرَهُThe questioner : Yes.
The Shaykh : And the traveler is a believer, so it is obligatory for him to attend the Friday prayer and the congregation as long as he is in a country where the Friday prayer and the congregation are held.
The questioner : Fine, how does he shorten the prayer while he attends with the congregation?
The Shaykh : He shortens the prayer if he misses the prayer, or if he is in a place far from the mosques where it is difficult for him to attend, and he fears that if he leaves his lodging, from his lodging, that ... someone might be upon him, and the like of that which excuses one from attending the congregation. But without an excuse, it is obligatory for him to attend the congregation.
The questioner : Yes.
The Shaykh : Yes.
The questioner : This is a message received from the sender from the Noble Mecca. He says, Abu Fatima, I wish you continued success and achievement, and to the esteemed scholars who undertake answering the questions of the citizens, I ask for an answer to these questions.
The questioner : What is the ruling on a man having intercourse with his wife before she has completed forty days, if she has been completely purified from post-natal bleeding, and is there a hadith regarding these forty days?
The Shaykh : It is permissible for the husband to have intercourse with his wife if she is purified from post-natal bleeding before the completion of forty days, and there is no blame on him for doing so.
The questioner : Yes.
The Shaykh : This is because there is no hadith from the Prophet (peace and blessings be upon him) prohibiting it or forbidding it. Furthermore, she is obligated to perform the prayer, which requires abstaining from intercourse or something less than that.
The questioner : Yes.
The Shaykh : If prayer is permissible, then intercourse is all the more permissible.
The questioner : Yes.
The Shaykh : Just as it is obligatory for her to establish the obligatory prayer and permissible for her to perform voluntary prayers if she is purified before the completion of forty days, she is not prevented from her husband having intercourse with her.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Also, Abu Fatima from the Noble Mecca says, many people, after finishing the obligatory prayer, move to another place in the same mosque to pray the two rak'ahs of the sunnah. What is the ruling on this movement of theirs, since I do the same as them and I do not know the reason for it? And what is the ruling on one who prays the obligatory and the sunnah in one place permanently?
The Shaykh : Their standing up from the place of the obligatory prayer to another place to perform the sunnah is one of the prescribed matters, because Mu'awiyah (may Allah be pleased with him) said: "The Messenger of Allah (peace and blessings be upon him) commanded us not to connect a prayer to another prayer until we go out or speak".
The questioner : Yes.
The Shaykh : And the Lawgiver has considered the distinction between voluntary worship with the nafilah and worship with the obligatory, so this is from Him so that the obligatory is distinguished from the voluntary by standing up from the place or by speaking with someone, so that the distinction and the difference between them are known.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Therefore, it is necessary to point out to some of our Muslim brothers, especially those outside the Kingdom of Saudi Arabia, who begin the voluntary prayer immediately after the obligatory prayer.
The Shaykh : Among those who begin the voluntary prayer immediately after the obligatory prayer, some pray it in their place.
The questioner : Yes.
The Shaykh : And some move from their place, but even so, we see that it is better for a person to perform the prescribed dhikr after the obligatory prayer before performing the voluntary prayer.
The questioner : Yes.
The Shaykh : Because Allah says:
And when you have completed the prayer, remember Allah standing, sitting
فَإِذَا قَضَيْتُمُ الصَّلاةَ فَاذْكُرُوا اللَّهَ قِيَاماً وَقُعُوداًThe questioner : Yes.
The Shaykh : And the fā' in
Then remember Allah
فاذكروا اللهThe questioner : Yes.
The Shaykh : That they perform the rawatib prayer immediately after the obligatory prayer, and we ask Allah to guide us and them to His straight path.
The questioner : Amen, very well.
The questioner : Regarding the dhikr recited after completing the prayer, do all five prayers share the same ruling, or are there prayers for which more dhikr is recited or mentioned afterward than for others?
The Shaykh : In general, they are equal, except that the Fajr prayer and the Maghrib prayer are distinguished from the others by the addition of the tahlil, where one says: "There is no god but Allah alone, with no partner. His is the dominion and His is the praise, and He is over all things competent," ten times. This is not something reported for the other prayers.
The questioner : Yes.
The questioner : Also, Abu Fatima from Mecca asks, what is the ruling on praying the sunnah of tawaf in any place of the Haram, or is the sunnah not permissible except at the Station of Ibrahim?
The Shaykh : The sunnah of tawaf is permissible in any place of the Haram, but it is better that it be behind the Station of Ibrahim, near it, if he does not cause harm or is not harmed by anyone. Otherwise, in a distant place, where he is kept away from harm. The important thing is that the Station be between him and the Ka'bah.
The questioner : Yes.
The Shaykh : Yes.
The questioner : His fourth question, in fact, has already passed on the program, but we repeat it for the benefit as well.
The questioner : He says, I have noticed many Indians praying the sunnah while sitting, knowing that they are in perfect health. Is praying the sunnah standing better than praying it sitting for one who is not sick?
The Shaykh : Yes, praying the sunnah standing is better, due to the saying of the Prophet (peace and blessings be upon him):
The prayer of one who sits down is equivalent to half of the prayer of one who stands.
صلاة القاعد على النصف من صلاة القائمThe questioner : Yes.
The Shaykh : And if he has weakness or laziness, there is no blame on him if he prays sitting, and in this case, it is hoped that Allah will write for him the reward of the one who stands, because the Prophet (peace and blessings be upon him) said:
Whoever is ill or travels is written the same reward as when he was healthy and resident.
من مرض أو سافر كتب له ما كان يعمل صحيحاً مقيماًThe questioner : Yes.
The Shaykh : And it is permissible for him, even without an excuse, to volunteer while sitting, but his reward is diminished by that.
The questioner : Yes.
The questioner : Also, he says, I ask for the maximum number of rak'ahs for the sunnah before and after the obligatory prayers to be mentioned?
The Shaykh : The rawatib attached to the written prayers are twelve rak'ahs: four rak'ahs before the midday prayer and two after it, and two after the sunset prayer, and two after the night prayer, and two before the dawn prayer.
The questioner : Yes.
The Shaykh : And the most emphasized of these rawatib are the two rak'ahs before the dawn prayer. It is established from the Prophet (peace and blessings be upon him) that he did not leave them, whether present or traveling, and he said about them:
The two Rak'ah of Fajr are better than the world and what is in it.
ركعتا الفجر خير من الدنيا وما فيهاThe questioner : Yes.
The Shaykh : And the sunnah in them is to lighten them, to lighten them, and to recite in them, in the first rak'ah after al-Fatihah:
Say: O you disbelievers!
قل يا أيها الكافرونSay, "He is Allah, [who is] One,
قل هو الله أحدSay, [O believers], "We have believed in Allah and what has been revealed to us
قولوا ءامنا بالله وما أنزل إليناSay, "O People of the Scripture, come to a word that is equitable between us and you
قُلْ يَا أَهْلَ الْكِتَابِ تَعَالَوْا إِلَى كَلِمَةٍ سَوَاءٍ بَيْنَنَا وَبَيْنَكُمْThe questioner : Yes.
The questioner : Also, he says in his last question, what is the ruling on one who prays more than two rak'ahs after the adhan of Fajr?
The Shaykh : The ruling is that it is not befitting, because the Prophet (peace and blessings be upon him) used to restrict himself to two light rak'ahs, except if he prayed the rawatib in his house and then attended the mosque before the iqamah, in which case he does not sit until he prays two rak'ahs.
The questioner : Yes, you have done well.
The sender, Abu Fatima, says at the end of his message, these are some of my questions, and I have other questions related to marital matters, which I will send to you, if Allah wills, after hearing the answer to my questions.
We welcome your questions and you, O Abu Fatima, you and all the listeners who ask about matters of their religion. The message in our hands was received from the brothers Muhammad al-'Abd Allah al-Sab'i, Sanhat ibn Radan al-Shalwi, and Ali Abd al-Rahman al-Hudhali, and their colleagues. They say.
The questioner : We are a group of citizens who were given the opportunity to borrow from the real estate bank, and we want to sell our properties which the real estate bank has pledged, on the condition that the buyer commits to paying off what is in our debts to the bank. Is it permissible for us to dispose of them by sale? And if it is not permissible, what is the way out or solution for that?
The Shaykh : It is permissible for you to dispose of them by sale, on the condition that the officials in the Development Fund give you permission. If they give you permission, there is no harm. Or by another method, which is that you pay off the fund so that the property is released from the pledge. If the property is released from the pledge, there is no harm in selling it at that time, because no one has a right in it. But if the fund does not permit disposing of it by sale, and you do not release its pledge by paying it off, then it is not lawful for you to sell it.
The questioner : Yes.
The Shaykh : First, because it is pledged, and the pledged item is occupied by the right of the pledgor, and it is not permissible to sell it, because that would be a cause for many problems, and the right of the fund might be lost by such a disposition.
And second, because Allah, Glorified and Exalted is He, commanded the fulfillment of contracts, so He said, the Exalted:
O you who have believed, fulfill [all] contracts.
يا أيها الذين ءامنوا أوفوا بالعقودAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وأوفوا بالعهد إن العهد كان مسئولاًThe first aspect is that this pledgor has committed to a condition upon himself, which is that he does not dispose of it by sale or otherwise.
The questioner : Yes.
The Shaykh : So he has committed to that. And even if we assume that this is not the requirement of the absolute pledge if it is not taken possession of, then this is a commitment to a condition that does not contradict the Book or the Sunnah. And the Prophet (peace and blessings be upon him) said:
Every conditions that is not in the Book of Allah (SWT) is invalid
كل شرط ليس في كتاب الله فهو باطلThe questioner : Yes.
The Shaykh : And in the hadith in the Sunan, the famous one:
The Muslims are bound by their conditions, except a condition that makes the haram lawful or the halal forbidden.
المسلمون على شروطهم إلا شرطاً أحل حراماً أو حرم حلالاًThe second aspect is that the correct opinion in this issue is that the pledge is binding even without taking possession, because there is no evidence for the obligation of taking possession of it except His saying, the Exalted:
And if you are on a journey and cannot find a scribe, then a security deposit [should be] taken
وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِباً فَرِهَانٌ مَقْبُوضَةٌThe questioner : Yes.
The Shaykh : And because it is possible for the original religion to be denied, Allah the Exalted guided to the pledge that is taken into possession.
So, there is no way to secure his right in such a situation unless the pledge is taken into possession.
Then, the end of the verse indicates that if it is not taken into possession, it is obligatory for the one entrusted with it to fulfill his trust in it, because He said
then a security deposit [should be] taken. And if one of you entrusts another, then let him who is entrusted discharge his trust
فرهان مقبوضة فإن أمن بعضكم بعضاً فليؤدِ الذي اؤتمن أمانتهThe questioner : Yes.
The Shaykh : And if that is the case, then the pledgee has trusted the pledgor by leaving it with him. So, if he has trusted him, it is obligatory for the pledgor to fulfill his trust and to fear Allah, his Lord.
Then, the practice of people among us is in accordance with this. The owner of the orchard borrows to improve his orchard, and his orchard is in his hand. The owner of the car pledges his car while it is in his hand, and he works with it and benefits from it.
The questioner : Yes.
The Shaykh : Likewise, the owner of the house pledges it to another while he is living in it. People consider this a binding pledge, and they hold that it is not permissible for the pledgor to dispose of it by selling it.
So, the correct opinion in this issue is that the pledge is binding even if it is not taken into possession, as long as it is specified. This real estate for which he borrowed from the Development Fund is a specified, existing pledge. So, the pledge in it is binding, even if it is in the hand of the pledgor.
The questioner : Yes.
The Shaykh : Therefore, it is not permissible for one who has borrowed from the Development Fund to sell the real estate for which he borrowed, except in one of the two previous cases: that he seeks permission from the bank officials and they grant it to him, or that he pays off the bank and releases the real estate from the pledge.
The questioner : Yes.
The Shaykh : And Allah is the One who grants success.
The questioner : May Allah reward you.