The manner of giving land in pledge

Question

Question: A person places his land with someone in exchange for one hundred or two hundred rupees, on the condition: “I hand the land over into your possession, and whatever produce there is, you eat and drink; and in return for whatever produce there is each year, credit (against the debt) ten rupees a year for the hundred rupees, and twenty rupees a year for the two hundred rupees. That is, I will not pay cash; it is as if I have given you the land for ten years, after which the land will be mine.

Answer

Both of these forms are impermissible, because they are forms of pledge, and in a pledge neither the pledgor nor the pledgee has the right to derive benefit (from it), as is explicitly stated in the books of fiqh. The permissible way is that the land be given on lease (ijara)

Source: Fatawa Mahmudiyya

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