Written by: Al-Sheikh Mubashar Ahmad Rabbani (Hafidhahullah)
“O you who have believed, do not consume one another’s wealth unjustly.”
(Surah An-Nisa: 29)
Additionally, the Prophet Muhammad (ﷺ) said:
"Indeed, your blood and your wealth are sacred to you."
(Sahih Muslim, Kitab al-Hajj, Bab Hajjatan Nabi, Hadith No. 1218)
"One may ride a pledged animal in exchange for the cost of its maintenance, and its milk may be consumed in exchange for its feeding."
This Hadith is often misunderstood. Scholars clarify that the permission to ride or milk the animal is limited to animals only and cannot be applied generally to other pledged items.
Imam Bukhari’s understanding aligns with this restricted interpretation, and the general rule in Islamic law is that benefiting from a pledged item is not allowed without explicit permission from the owner.
"A group of scholars permitted the use of pledged animals only for riding or milking, and even then, only in proportion to the cost of their maintenance. Beyond these specific cases, no other benefits may be derived from pledged items."
(Fath al-Bari, Vol. 5, p. 144)
Furthermore, the majority of scholars (jumhur) maintain that the pledgee cannot benefit from the pledged item in any way without the permission of the owner.
Question:
Is it permissible to benefit from a pledged item (Gharwi) while it is in possession of the creditor, especially considering the Hadith that permits using a pledged animal for riding and milking?Answer:
Allah (SWT) commands in the Quran:“O you who have believed, do not consume one another’s wealth unjustly.”
(Surah An-Nisa: 29)
Additionally, the Prophet Muhammad (ﷺ) said:
"Indeed, your blood and your wealth are sacred to you."
(Sahih Muslim, Kitab al-Hajj, Bab Hajjatan Nabi, Hadith No. 1218)
Key Understanding:
From these clear texts, it is established that a Muslim’s wealth is sacred and cannot be used by another without proper permission or justification through Shariah evidence.- The pledger (rahin) remains the owner of the pledged item, while the pledgee (creditor) is merely a trustee (amin) holding the item as a security for repayment of the debt.
- Therefore, using or benefiting from the pledged item without the owner’s permission is considered a form of betrayal and is prohibited.
Hadith Permitting Use of a Pledged Animal:
The Hadith states:"One may ride a pledged animal in exchange for the cost of its maintenance, and its milk may be consumed in exchange for its feeding."
This Hadith is often misunderstood. Scholars clarify that the permission to ride or milk the animal is limited to animals only and cannot be applied generally to other pledged items.
Imam Bukhari’s understanding aligns with this restricted interpretation, and the general rule in Islamic law is that benefiting from a pledged item is not allowed without explicit permission from the owner.
Scholarly Explanation:
Hafidh Ibn Hajar Al-Asqalani (RA) explains:"A group of scholars permitted the use of pledged animals only for riding or milking, and even then, only in proportion to the cost of their maintenance. Beyond these specific cases, no other benefits may be derived from pledged items."
(Fath al-Bari, Vol. 5, p. 144)
Furthermore, the majority of scholars (jumhur) maintain that the pledgee cannot benefit from the pledged item in any way without the permission of the owner.
Evidence from the Actions of the Companions:
There are clear examples from the actions of the Sahabah and Salaf that prohibit the use of a pledged item for personal benefit:- Abu Hurairah (RA) narrated that he once visited Abdullah bin Salam (RA), who warned him:
"You are in a land where interest (riba) is widespread. If someone owes you something and offers you anything, even a bundle of fodder, as a gift, do not accept it, because it is riba."
(Sahih Bukhari, Kitab al-Ansar, Hadith No. 3814) - Saalim bin Abi al-Ja‘d narrated:
"A man owed someone 50 dirhams and would send him gifts of fish. When Ibn Abbas (RA) was asked about this, he said: ‘Count what is being gifted to you as part of the debt repayment.’"
(Bayhaqi, Vol. 5, p. 350)
Conclusion:
- The general rule is that the pledgee (creditor) cannot benefit from the pledged item without explicit permission from the pledger (debtor).
- Exceptions apply only to specific cases, such as benefiting from a pledged animal in exchange for maintenance costs, as mentioned in the Hadith.
- If the pledgee has benefitted from the pledged item, the value of the benefit must be deducted from the principal loan amount.
- Any benefit derived beyond what is agreed upon is considered interest (riba) and must be returned or adjusted accordingly.