Has to pay back his loan in addition to half of the crop of his land

11-6-2009 | IslamWeb

Question:

I HAVE SOME LAND. I BORROWED SOME MONEY FROM ONE PEOPLE. I GIVE THE LAND AS SECURITY. I HAVE TO PAY THE MONEY AND 50% OF THE CROPS OF THE LAND THAT I GROW CROPS. ANY PROBLEM REGARDING INTEREST? THNAKS
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

If the person from whom you borrowed the money conditioned on you to give him half of the crop in addition to the amount of debt, then it is not permissible for you to give him that because this surplus (half of the crop) is Riba (interest and/or usury), and the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: “Allaah has cursed the one who consumes Riba (i.e. usury or interest), the one who gives it to others, the one who records it and the one who witnesses it (its transaction).” He sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: “All of them are equal in sin.” [Muslim]

The scholars may Allaah have mercy upon them stated that the mortgagee (the lender) benefiting from the mortgage –which is the land here –is considered as Riba, therefore, it is not permissible for him to take anything from the crop, and it is not permissible for you to give him anything more than the amount of debt if he conditions it or asks for it.

For more benefit, please refer to Fatwa 90508

Allaah Knows best.

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