Is It Permissible to Benefit from Farming on Mortgaged Land?
Source: Aḥkām wa Masāʾil, Issues of Buying and Selling, Vol.1, p.382
The Question
A man, due to financial need, mortgages (pledges) one or two acres of his land to another person in exchange for money. Later, when he repays the loan, he reclaims his land.
If the mortgagee (the one holding the land) cultivates the land during this period, investing his time, effort, and money into it, and then earns a profit after deducting his expenses, is this permissible or not?
The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd:
Evidence from Ḥadīth
The Messenger of Allah ﷺ said:
«الظَّهْرُ يُرْكَبُ بِنَفَقَتِهِ، إِذَا كَانَ مَرْهُونًا، وَلَبَنُ الدَّرِّ يُشْرَبُ بِنَفَقَتِهِ، إِذَا كَانَ مَرْهُونًا، وَعَلَى الَّذِي يَرْكَبُ وَيَشْرَبُ النَّفَقَةُ»
"The animal given in pledge may be ridden if it is fed, and the milk of a pledged animal may be drunk if it is fed. The one who rides and drinks must bear the expense."
(
Ṣaḥīḥ al-Bukhārī, Kitāb al-Rahn)This establishes a principle: if an item is mortgaged and one spends on it, one may take benefit equivalent to the expense.
Applying the Principle to Land
❀ If land is mortgaged and the mortgagee (murtaheen) invests his own labor, time, and money into farming it,
❀ and after deducting the expenses, he gains profit,
then this is permissible provided that:
- It does not involve ribā (usury).
- It does not become a form of unjustly consuming another’s wealth (akl al-māl bil-bāṭil).
Conclusion
✔ Farming mortgaged land and benefiting from it is permissible if:
- The benefit is taken in exchange for the expenses incurred.
- No ribā or unlawful profit is involved.
If the arrangement is a cover for interest-based profit or unjust enrichment, then it is not permissible.ھذا ما عندي والله أعلم بالصواب
