Tirmidhi

Explanation:
1:
It is not permissible for the mortgagee (the one holding the pledge) to benefit from the mortgaged item. However, if the mortgaged item is an animal, then according to this hadith, it is permissible to ride it and to use its milk in exchange for providing its fodder.

Hadith Commentary:
Shaykh al-Islam Imam Ibn Taymiyyah rahimahullah, Imam Ibn Qayyim rahimahullah, and the Ahl al-Hadith hold the view that the mortgagee (murtahin) may benefit from the mortgaged item (shayy marhunah), provided that he continues to maintain and repair it. This is so even if the owner (rahin) has not granted him permission. The majority of jurists (jumhur fuqaha) have held the opposite view, stating that it is not permissible for the mortgagee to derive any benefit from the mortgaged item.

According to the Ahl al-Hadith, it is permissible for the mortgagee to reside in the mortgaged house in exchange for its protection and cleaning, and likewise, to take service from a slave or slave-girl in exchange for their food and clothing. The majority of jurists use as evidence the hadith which states that any benefit derived from a loan is riba (usury).

The Ahl al-Hadith respond that, firstly, this hadith is weak and is not worthy of being set against this authentic hadith. Secondly, the hadith refers to a loan (qard) that is given without collateral (rahn), as a benevolent loan (qard hasan).

Al-Tahawi, in support of his school, has interpreted this hadith to mean that the pledger (rahin) should ride the animal and drink its milk, and that he alone should provide its feed and fodder. We say that this interpretation is contrary to the apparent meaning, because the mortgaged animal remains in the possession and custody of the mortgagee (murtahin), not the pledger (rahin).

Furthermore, Hammad ibn Salamah has narrated in his Jami‘ from Hammad ibn Abi Sulayman, who was the teacher of Imam Abu Hanifah rahimahullah, from Ibrahim al-Nakha‘i, that when someone mortgages a goat, the mortgagee may drink its milk in proportion to the amount of its feed and fodder. If there is milk left after the feed and fodder have been accounted for, then taking that is not permissible—it is riba.

(From Mawlana Waheed al-Zaman, may Allah have mercy on him)

Benefits and Issues:
➊
An animal that is kept as collateral (rahn) requires care and must be fed, otherwise it may die or become severely ill or weak. In this way, there would be oppression against the animal, and neither the pledger (rahin) nor the pledgee (murtahin) would derive any benefit. Therefore, the one who takes care of the animal is given the right to benefit from it in exchange for his effort.

➋
If a vehicle (such as a car, etc.) is kept as collateral, it may be used for travel; however, the expenses for fuel and repairs, etc., will be the responsibility of the creditor (the lender) who is benefiting from it.

Takhrij:
«أخرجه البخاري، الرهن، باب الرهن مركوب ومحلوب، حديث:2512.»©

Explanation:
➊ This hadith proves that when the responsibility of the care and protection of the pledged item (marhunah) is upon the one holding the pledge (murtahin), then it is permissible for him to benefit from it, even if the owner of that item or animal does not grant permission. This is the opinion of Imam Ahmad and Ishaq rahimahum Allah and others; they say that the one with whom the item is pledged may benefit from its milk and riding in proportion to the expenses incurred upon it. Beyond these two, he may not derive any benefit, nor is it permissible to benefit more than the amount of the expenses.

➋ The majority of scholars (jumhur ulama) hold the view that it is not permissible to derive any benefit from the pledged item; rather, all benefits belong to the one who has given the pledge (rahin). Any hardship, labor, or expenses incurred will also be his responsibility. However, this hadith is an evidence against the view of the majority.