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The question

Is the mortgage permissible in Islamic law, where the mortgagee takes a plot of land in exchange for his money, on condition that he returns a third or a quarter to the mortgagor at harvest, given the Hadith: "Any loan that draws a benefit is usury"?

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

Scholars have differed on the ruling concerning the pledgor's or pledgee's utilization of the pledge:

Hanafi school: Neither party is permitted to utilize it except with the other's permission. Another opinion prohibits the pledgee from utilizing it even if the pledgor grants permission (usury). Maliki school: The pledgor may utilize the pledge, and the pledgee may utilize it under specific conditions: it must be stipulated in the contract, the duration must be specified, and the pledged item must not be a debt from a loan. Shafi'i school: The pledgor may utilize that which does not diminish its value, while the pledgee may not utilize it at all. Hanbali school: Neither of them is permitted to utilize it unless the pledged item is an animal used for riding or milking. Otherwise, utilization is permitted only with the other's permission, provided it is not a debt from a loan and not with permission given without compensation. Stipulating the pledgee's utilization in the contract renders it invalid.

In summary: The pledgee is not permitted to utilize the pledge except for an agreed-upon compensation, such as taking a portion of the produce in exchange for work and cultivation. This is utilization through leasing, not through a loan.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
37989
Imported
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Source text, unreviewed
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