Written by: Shaykh Hafiz Abdul Sattar Al-Hammad ( حفظ اللہ)
Arabic Text:
الرَّهْنُ يُرْكَبُ بِنَفَقَتِهِ، وَيُشْرَبُ لَبَنُ الدَّرِّ إِذَا كَانَ مَرْهُونًا
“A pledged riding animal may be ridden in proportion to its expenses, and the milk of a pledged milch animal may be consumed as long as it is pledged.”
[Sahih al-Bukhari, Kitab al-Rahn: 2511]
Arabic Text:
الرَّهْنُ يُرْكَبُ بِنَفَقَتِهِ، وَيُشْرَبُ لَبَنُ الدَّرِّ إِذَا كَانَ مَرْهُونًا
“A pledged riding animal may be ridden in proportion to its expenses, and the milk of a pledged milch animal may be consumed as long as it is pledged.”
[Sahih al-Bukhari, Kitab al-Rahn: 2511]
Key Points:
- Definition of Pledged Property (رہن):
- When borrowing money, a person often leaves an item with the lender as collateral or a guarantee. This is referred to as "Rahn" (pledge).
- Permissible Use of Pledged Property:
- If maintaining the pledged item involves expenses, it is permissible for the lender to derive a limited benefit equivalent to the maintenance costs.
- For example:
- A pledged riding animal can be used for riding, provided it is fed and cared for by the lender.
- A pledged milch animal's milk may be consumed in proportion to its upkeep costs.
- For example:
- If maintaining the pledged item involves expenses, it is permissible for the lender to derive a limited benefit equivalent to the maintenance costs.
- Prohibition of Excessive Benefits:
- Deriving benefits from the pledged item beyond its maintenance costs constitutes usury (Riba).
- Imam Ibn Hajarexplains in his commentary:
“If someone has a pledged goat, consuming milk equivalent to the cost of fodder is permissible. Any benefit exceeding the maintenance costs is Riba.”
[Fath al-Bari, 5/178]
- Ruling on Deriving Benefits from Collateral:
- Any benefit derived from a loan (such as use of collateral) without proper compensation is considered Riba and is impermissible in Islamic law.
- Abdullah ibn Salam (رضی اللہ عنہ)advised Abu Huraira (رضی اللہ عنہ) as follows:
“You live in a land (Iraq) where Riba is widespread. If someone owes you, do not accept fodder, barley, or any gift in return, as these are forms of Riba.”
[Sahih al-Bukhari, Kitab Manaqib al-Ansar: 3814]
- Example of a Pledged Property (House or Land):
- If a house is pledged against a loan and the lender wishes to reside in it:
- Rent should be agreed upon and deducted from the loan amount.
- Without such an arrangement, any use of the property constitutes clear Riba.
- If a house is pledged against a loan and the lender wishes to reside in it: