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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on investing the pledged item until the loan is repaid

Machine translationRead the Arabic original
Question:
I have a piece of land that I cultivate. One day, I needed ten thousand riyals to pay off the debt I owed. So, I pledged the land for ten thousand and registered this debt. Then, this land remains with the owner, who cultivates it and invests in it, keeping all the harvest until I pay him the amount. Is there any riba in this?

Answer:
Yes, it is riba for him to take the land, invest in it, and benefit from it without rent in order to give you time to repay the loan until you give him the loan. This is not permissible; this is riba. A loan must not involve any increase; a loan is like-for-like without increase. However, if he conditions that he will benefit from the land and use it until you pay him, this is like lending you a thousand for a thousand and one hundred, or a thousand and two hundred. This is riba and is not permissible.

Question: ...؟

Answer: Selling is a different matter. If you borrow money and sell the land to him for a known term, and you are not circumventing the ruling, and you do not actually intend to circumvent it, and it is not a ruse for him to invest in it and return it to you, but rather you actually sold it to him and gave him two or three months to find the money, otherwise the land is his, there is no harm in that. However, if it is a ruse, it is not permissible.

Question: And what they call iqalah, meaning a kind of sale where if the known time passes and he pays, it is fine, otherwise the sale becomes effective?

Answer: No, it becomes his. The produce belongs to the owner because this is taken as a ruse. So, the produce belongs to the seller, not the buyer, so that it is not taken as a ruse.
Source binbaz.org.sa

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

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