Is it permissible to agree to sell the fruit and substitute the price as collateral for a deferred debt?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

Agreement between the parties to sell the fruit and place the resulting price as collateral for a deferred debt is valid. If they disagree, the opinion of the party wishing to retain the fruit itself prevails, as the contract implies retention. However, if the fruit's value diminishes significantly by drying, or if custom dictates selling it while still fresh, it must be sold, and the proceeds substitute the collateral.