Living in a pledged house

Question

Question: A person has taken a house in pledge for the sum of eight hundred rupees; about six or seven years have passed since it was pledged. The one holding the pledge sometimes lives in the house himself and sometimes lets one of his relatives stay in it. The house is of such a standard that, if let out, it could fetch a rent of at least four rupees. Now we wish to ask: is it permissible in the Shari‘a for the one holding the pledge to reside in the said house in this way or not?

Answer

It is impermissible for the pledgee to live in the pledged house. If he lives in this house, he will be deemed a usurper (ghasib) and will be sinful; yet in such a case compensation for the usufruct of what is usurped (manafi‘ al-ghasb) is not binding: [ar]أو عقد، كبيت الرهن إذا سكنه المرتهن ثم بان للغير، معد للإجارة فلا شيء عليه اهـ الدر المختار.

Source: Fatawa Mahmudiyya

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