Sharʿi Ruling on Pledging Land with Evidence from Sunnah

Sharʿi Ruling on Pledging (Rahn) Land with Evidence


Source: Fatāwā ʿIlmiyyah (Tawḍīḥ al-Aḥkām), Vol. 2, p. 221


Question:


Is it permissible to pledge (mortgage) land? Please explain with evidence.


Answer:


Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿAmma Baʿd!


It is permissible to pledge (rahn) land. The evidence is the practice of the Messenger of Allah ﷺ, who pledged his iron armor.


✿ As mentioned in the ḥadīth:


"The Messenger of Allah ﷺ pledged his armor."
(Ṣaḥīḥ al-Bukhārī: 2508, Ṣaḥīḥ Muslim: 1603)


Benefit from the Pledged Land


✿ If the person holding the land as a pledge benefits from it,
✿ he should keep a record of that benefit,
✿ and when the land is returned:


❀ The benefit he took should be deducted from the pledged amount.
❀ The remaining amount should be taken back, and the land should be released.



ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
 
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