The Book of Mortgaging

The Statement of Allah Taa'la:

وَإِنْ كُنْتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَقْبُوضَةٌ

And if you are on a journey and cannot find a scribe, then let there be a pledge taken (2:283)

Hadith # 2508

Narrated Anas:

No doubt, the Prophet (ﷺ) mortgaged his armor for barley grams. Once I took barley bread with some dissolved fat on it to the Prophet (ﷺ) and I heard him saying,

"The household of Muhammad did not possess except a Sa (of food grain, barley, etc.) for both the morning and the evening meals although they were nine houses."

Mortgaging an armour

Hadith # 2509

Narrated `Aisha:

The Prophet (ﷺ) bought some foodstuff on credit for a limited period and mortgaged his armor for it.

Mortgaging the arms

Hadith # 2510

Narrated Jabir bin `Abdullah:

Allah's Messenger (ﷺ) said,

"Who would kill Ka`b bin Al-Ashraf as he has harmed Allah and His Apostle ?"

Muhammad bin Maslama (got up and) said, "I will kill him." So, Muhammad bin Maslama went to Ka`b and said, "I want a loan of one or two Wasqs of food grains." Ka`b said, "Mortgage your women to me." Muhammad bin Maslama said, "How can we mortgage our women, and you are the most handsome among the Arabs?"

He said, "Then mortgage your sons to me." Muhammad said, "How can we mortgage our sons, as the people will abuse them for being mortgaged for one or two Wasqs of food grains? It is shameful for us. But we will mortgage our arms to you."

So, Muhammad bin Maslama promised him that he would come to him next time. They Muhammad bin Maslama and his companions came to him as promised and murdered him. Then they went to the Prophet (ﷺ) and told him about it.

To mortgage an animal used for riding or milking

Hadith # 2511

Narrated Abu Huraira:

The Prophet (ﷺ) said,

"One can ride the mortgaged animal because of what one spends on it, and one can drink the milk of a milch animal as long as it is mortgaged. "

Hadith # 2512

Narrated Abu Huraira:

Allah's Messenger (ﷺ) said,

"The mortgaged animal can be used for riding as long as it is fed and the milk of the milch animal can be drunk according to what one spend on it.

The one who rides the animal or drinks its milk should provide the expenditures."

Mortgaging things to Jews and others

Hadith # 2513

Narrated `Aisha:

Allah's Messenger (ﷺ) bought some foodstuff from a Jew and mortgaged his armor to him.

Dispute between the mortgagor and mortgagee

Hadith # 2514

Narrated Ibn Abu Mulaika:

I wrote a letter to Ibn `Abbas and he wrote to me that the Prophet (ﷺ) had given the verdict that the defendant had to take an oath.

Hadith # 2515

Narrated Abu Wail:

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--

إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ ... وَلَهُمْ عَذَابٌ أَلِيمٌ

As for those who sell the faith they owe to Allah and their own plighted word for a small price,

they shall have no portion in the hereafter:

nor will Allah (deign to) speak to them or look at them on the Day of Judgment,

nor will He cleanse them (of sin); they shall have a grievous penalty. (3:77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth.

This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Messenger (ﷺ). Allah's Messenger (ﷺ) said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).'

 I said, 'The defendant would not mind to take a false oath."

Allah's Messenger (ﷺ) then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.'

Allah then revealed what Confirmed it."

 Al-Ash'ath then recited the Above Verse:--