Benefiting from pledged land and an orchard

Question

Question: Is it permissible to derive benefit from pledged land or not? Likewise, may the one with whom an orchard has been pledged use the fruit and the like that grow in the season in that pledged orchard, or not?

Answer

The one with whom something has been pledged is forbidden to derive benefit from that thing, since this has the ruling of interest; whether that thing is land, an orchard, a house or the like, the ruling for all of them is the same. [ar]قال الحصكفي بعد نقل الأقوال: ثم نقل عن التهذيب أنه يكره للمرتهن أن ينتفع بالرهن وإن أذن له الراهن.

Source: Fatawa Mahmudiyya

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