Is the mortgaging (Rahn) of fruit valid before its ripening (Bado' Salah) without stipulating harvesting or green planting?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The first opinion affirms the validity of mortgaging fruit before it shows signs of maturity, even without a condition for cutting or harvesting green crops. This view is chosen by Al-Qadi. The justification is that the uncertainty (Gharar) is diminished, as if the fruit perishes, the right returns to the mortgagor's liability. Furthermore, since selling the fruit is permissible under these conditions, mortgaging it is also permissible. When the debt matures, the fruit is sold, though the mortgagee may opt to delay the sale.

Supporting text

The second view invalidates the mortgage. This is the explicit position of Al-Shafi'i, based on the principle that what cannot be sold cannot be mortgaged, similar to all other invalid sales.