Ruling on the creditor’s utilization of the mortgaged land
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Question:
He says: I was in need of money; therefore, I mortgaged two agricultural plots to two different people, and each of them benefits from the produce of this land, and this is without any type of riba (usury or interest). Then, may Allah be praised, I sent an amount to one of them, but the other still has an amount with me due to the lack of money at the present time. So, is anything obligatory upon me? And am I a sinner for my conduct in that matter? May Allah reward you with good.
Answer:
They do not have the right to exploit the lands for the sake of the debt. The produce belongs to you, and it is calculated from the debt; it is calculated against them from the debt. And if they stipulated that upon you, it is riba (usury or interest) and is not permissible. And if you gave them that for the sake of granting you a delay, it is riba (usury or interest). The produce is for you, and the pledge is in the body of the land; the body of the land is pledged to them, but the produce is for you according to the custom, by half, by a third, by a quarter, between you and them.
As for giving them the produce for the sake of granting you a delay, that is riba (usury or interest). So, you must contact them and settle accounts with them regarding that. And if they refuse, the recourse is to the court, which will look into your case.
The point is: it is not permissible for you to contract with them on this basis, and this is riba (usury or interest).
As for if you gave them something after fulfilling the debt, without a condition and without a mutual agreement, there is no harm. If you gave the owner of the debt upon you, and then you did him a favor with something without a condition or mutual agreement, there is no harm. A person lent you one thousand riyals, and after you repaid him the one thousand riyals, you added something to it without a condition or mutual agreement, there is no harm.Sunan Abi Dawud 3346Sahih (Al-Albani) The Prophet (peace and blessings be upon him) said it, or a person granted you a delay in a debt upon you; then you repaid him his right, and you added to it without a condition, without mutual agreement, and without anything, but in return for his kindness, there is no harm Sunan Abi Dawud 3346Sahih (Al-Albani) Yes.
The presenter: May Allah reward you with good, and may He do you good.
He says: I was in need of money; therefore, I mortgaged two agricultural plots to two different people, and each of them benefits from the produce of this land, and this is without any type of riba (usury or interest). Then, may Allah be praised, I sent an amount to one of them, but the other still has an amount with me due to the lack of money at the present time. So, is anything obligatory upon me? And am I a sinner for my conduct in that matter? May Allah reward you with good.
Answer:
They do not have the right to exploit the lands for the sake of the debt. The produce belongs to you, and it is calculated from the debt; it is calculated against them from the debt. And if they stipulated that upon you, it is riba (usury or interest) and is not permissible. And if you gave them that for the sake of granting you a delay, it is riba (usury or interest). The produce is for you, and the pledge is in the body of the land; the body of the land is pledged to them, but the produce is for you according to the custom, by half, by a third, by a quarter, between you and them.
As for giving them the produce for the sake of granting you a delay, that is riba (usury or interest). So, you must contact them and settle accounts with them regarding that. And if they refuse, the recourse is to the court, which will look into your case.
The point is: it is not permissible for you to contract with them on this basis, and this is riba (usury or interest).
As for if you gave them something after fulfilling the debt, without a condition and without a mutual agreement, there is no harm. If you gave the owner of the debt upon you, and then you did him a favor with something without a condition or mutual agreement, there is no harm. A person lent you one thousand riyals, and after you repaid him the one thousand riyals, you added something to it without a condition or mutual agreement, there is no harm.
for the best person is he who discharges his debt in the best manner
إن خيار الناس أحسنهم قضاءًfor the best person is he who discharges his debt in the best manner
إن خيار الناس أحسنهم قضاءًThe presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.