The Ruling on Benefiting from a Pledge and Selling It to Settle a Debt
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Question:
She has a somewhat lengthy case, O Shaykh. She says: My brother-in-law lent a person a sum of money and took some electrical appliances from him as a pledge for this amount. These appliances were kept with us, as both parties requested. We asked the owner of these appliances if we could use them while they are in our possession, and he granted us permission willingly. Is this forbidden or permissible, especially since we are not a party to the debt, and the benefit in this case accrues to us, not to the debtor? If the debtor delays in repayment, is it permissible to sell these appliances to satisfy the debt, especially since this was agreed upon from the beginning? May Allah reward you with good.
Answer:
Benefiting from them with the owner's permission is permissible, but the lender may not benefit from them, as it may be a ruse. However, those who are not the lender, who have the appliances in their possession and whose owner has permitted them to use them, may do so without harm. It is obligatory for the debtor to settle the right and not delay. If the creditor is compelled to sell them, let him refer to the judge, the court. He should refer to the court so that it grants him permission and sends a representative who knows the truth and investigates the facts.
The point is that the sale must be tied to the court, unless he and the rights holder are lenient. If he and the rights holder agree to sell them through a neutral party, there is no harm, provided the owner of the appliances permits the sale. If the owner refuses, it is necessary to refer to the court. Yes.
The presenter : May Allah reward you with good and do you good.
She has a somewhat lengthy case, O Shaykh. She says: My brother-in-law lent a person a sum of money and took some electrical appliances from him as a pledge for this amount. These appliances were kept with us, as both parties requested. We asked the owner of these appliances if we could use them while they are in our possession, and he granted us permission willingly. Is this forbidden or permissible, especially since we are not a party to the debt, and the benefit in this case accrues to us, not to the debtor? If the debtor delays in repayment, is it permissible to sell these appliances to satisfy the debt, especially since this was agreed upon from the beginning? May Allah reward you with good.
Answer:
Benefiting from them with the owner's permission is permissible, but the lender may not benefit from them, as it may be a ruse. However, those who are not the lender, who have the appliances in their possession and whose owner has permitted them to use them, may do so without harm. It is obligatory for the debtor to settle the right and not delay. If the creditor is compelled to sell them, let him refer to the judge, the court. He should refer to the court so that it grants him permission and sends a representative who knows the truth and investigates the facts.
The point is that the sale must be tied to the court, unless he and the rights holder are lenient. If he and the rights holder agree to sell them through a neutral party, there is no harm, provided the owner of the appliances permits the sale. If the owner refuses, it is necessary to refer to the court. Yes.
The presenter : May Allah reward you with good and do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.