He also says that we pledge a great deal of these date palms, and for more than fifteen years we have been watering them and pollinating them, and at harvest time the pledgee comes to take the harvest.
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The questioner : He also says that we pledge a great deal of these date palms, and for more than fifteen years we have been watering them and pollinating them, and at harvest time the pledgee comes to take the harvest, and this situation continues until the pledgor is able to return the money to the pledgee. Is this the pledge according to the Shari'ah, and does the pledgor sin in doing so if he is in need?
The Shaykh : The pledge according to the Shari'ah requires, that is, it requires that the increase be attached to the pledge.
The questioner : Yes.
The Shaykh : The pledgee has the authority to sell it and collect from it, unless the owner is trustworthy, in which case the pledgee permits him to sell and settle it, and then deliver its value or price to the pledgee.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : The pledge according to the Shari'ah requires, that is, it requires that the increase be attached to the pledge.
The questioner : Yes.
The Shaykh : The pledgee has the authority to sell it and collect from it, unless the owner is trustworthy, in which case the pledgee permits him to sell and settle it, and then deliver its value or price to the pledgee.
The questioner : Yes.
The Shaykh : Yes.