Pledging land held under hereditary tenancy

Question

Question: A certain Zayd (two plots of farmland, approximately five standard bighas (the bigha is a local unit of land area), whose yield in the form of rent amounts to approximately Rs 40 a year) entered into a possessory mortgage (with the land handed over into the pledgee’s possession); that is, he gave the landowner, say Bakr, two hundred rupees and took possession of the fields on the condition: “Whenever you repay my money — the two hundred (of debt) — I will vacate the fields, and I myself (i.e. Zayd)

Answer

From the question it appears that the field is the property of some other person, and Bakr holds hereditary tenancy rights over it; Bakr pledged it to Zayd in exchange for a loan of two hundred rupees, and Zayd obtained its income for ten years and also paid the land revenue of Rs 18 for four years.

Source: Fatawa Mahmudiyya

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