✿ Written by: Saudi Fatwa Committee (Fatāwā)
There is no Sharʿī objection to selling the pledged item (rahn) to the mortgagee (murtahin)—the one holding it as collateral. The item was originally kept with him as security against a loan.
If the loan becomes due and the debtor fails to repay, then:
Reference:
Ibn Jibrīn – Fatāwā, 14/7
❖ Selling a Pledged Item to the One Holding It
There is no Sharʿī objection to selling the pledged item (rahn) to the mortgagee (murtahin)—the one holding it as collateral. The item was originally kept with him as security against a loan.
❖ When the Loan Becomes Due
If the loan becomes due and the debtor fails to repay, then:
- It is permissible for the mortgagee to sell the pledged item and
- Recover the owed amount from its proceeds
❖ Permissibility of Sale to the Mortgagee or Others
- The pledger (rāhin) is allowed to sell the pledged item
- Either to the mortgagee (murtahin)
- Or to any third party
- The buyer must then ensure that the debt owed to the mortgagee is settled from the sale amount.
Reference:
Ibn Jibrīn – Fatāwā, 14/7