Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Ruling on the utilization of pledged land by the creditor

Machine translationRead the Arabic original
Finally, the questioner (S. A. M.) from Sudan says: I have a piece of land that I pledged to a man for the sum of one thousand pounds, on the condition that he utilizes it and takes its entire yield until I return to him the sum of one thousand pounds, and thereby he returns my land to me. Is this form of pledge permissible? And what is the Sharia-compliant form of pledge?
Answer: Pledging is permissible; for Allah, Exalted and Majestic, said:
then a pledge that is taken into possessionفَرِهَانٌ مَقْبُوضَةٌ
[al-Baqarah: 283]. So if you borrow from Zayd or 'Amr one thousand pounds, or less, or more, and pledge to him a piece of land, a car, a weapon, or something else, there is no harm. However, he has no right to utilize it beyond his right; rather, the yield belongs to you, and you have the customary right. He may utilize it for a rental fee, and the rental fee is calculated from the debt and deducted from the debt, or he may return it to you. As for his utilizing it in exchange for giving you time and leaving the money with you until you pay him off; this is a loan that yields a benefit, so this is not permissible.
This is like if you borrowed one thousand from him on the condition that you give him one thousand and one hundred, or one thousand and two hundred. This is not permissible; this is riba. So if he utilizes the land for agriculture or the like without a rental fee, this is not permissible; because it means... benefiting. He benefits from this land in exchange for the loan he gave you, so it is like if you gave him an extra one hundred or two hundred, or more or less; it is all riba. So it is obligatory that the yield of the land be for him, but for a rental fee. Either a shared portion as is customary, half the yield, a third of the yield, a quarter of the yield, like a stranger who has no debt, or for a known amount of money. You rent it to him for money, and it is land, and it is pledged to him, but you rent it to him. He utilizes it for a known amount, one hundred pounds, fifty pounds, ten pounds every year, and so on. This is for you, and it is deducted from the debt you owe, or he returns it to you. This is what is obligatory, and this is the Sharia-compliant matter.
As for his utilizing it in exchange for his patience with you and giving you time, this means... a benefit by condition, so it is invalid. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

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

Similar fatwas