Selling An Item Placed As A Mortgage
Question
Zaid took a loan from Amar. Amar asked Zaid to give him his phone as mortgage. It’s been 3 months and Zaid still hasn’t paid back the loan. Can Amar sell the phone to recover his debt?
Answer
If Zaid had told Amar that “you should sell the phone if I do not pay the debt by this date” then it will be permissible for Amar to sell the phone and recover his debt.
References (Arabic / Urdu sources)
(وإذا وكل الراهن المرتهن أو العدل) الذي وضع الرهن على يديه (أو غيرهما) كالأجني (ببيع الرهن عند حلول الدين فالوكالة جائزة)؛ لأنه توكيل ببيع ماله
(اللباب ٤٥/٣ ١)
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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