Return of the pledge to the pledgor’s heirs

Question

Question: Zayd pledged his house to Khalid for three hundred rupees for a period of up to five years, for three hundred rupees monthly, and in this pledge deed it is written that if the sum is not paid within this fixed period, the pledge deed shall be regarded as a deed of sale. If the answer is in the negative, then, should Zayd’s legal heirs wish to sell the house upon Zayd’s death, will they have the right of sale?

Answer

This is a pledge, not a sale — neither at the time of pledging nor upon the passage of five years. Let Zayd repay the loan and take back his house, and if he wishes, sell it. As much as was taken as a loan, that much is to be repaid — not more. After Zayd, his heirs too will have this right.

Source: Fatawa Mahmudiyya

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