Back to search
The question

Is it considered usury to benefit from a mortgaged land and cultivate it during the mortgage period?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is not permissible for the mortgagee to benefit from the mortgaged property without the permission of the mortgagor. If the mortgagor grants permission, and the debt is a loan, then it is not permissible to benefit from the mortgaged property, because it is a loan that draws a benefit, which is usury (riba). However, if the debt is not a loan, such as the price of a sold item or house rent, and the mortgagor permits benefiting from it, then there is no harm, unless this benefit is in exchange for delaying the repayment of the debt, in which case it would then be a loan that draws a benefit. If the mortgagee benefits without permission, or if the debt is a loan, or if the benefit is in exchange for delaying repayment, then it is not permissible for him to benefit from the produce of the land. If the mortgagee cultivates and plants the land, then the customary rent (ujrat al-mithl) is deducted from the produce, and the remainder is returned to the owner of the land or deducted from his debt.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
17185
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy