Can the mortgagor (Rahin) benefit from the pledged property (Rahn)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The mortgagor is prohibited from benefiting from the pledge, including using it, having sexual intercourse with it if it is a slave, inhabiting it, or any other form of benefit. The mortgagor also lacks the right to dispose of it through leasing (ijarah) or lending (i'arah) without the consent of the pledgee (Murtahin). This view is held by Ath-Thawri and the Companions of opinion (Ashab ar-Ra'y). The basis for this is that the pledge is a detained asset, thus the owner cannot benefit from it, similar to a sale detained with the seller until the price is received. Alternatively, the benefit constitutes a type of utilization that diminishes its value, which the mortgagor is not entitled to.
Supporting text
Malik, Ibn Abi Layla, Ash-Shafi'i, and Ibn al-Mundhir permit the mortgagor to lease or lend the pledge for a period not exceeding the due date of the debt. Regarding whether the mortgagor can inhabit it himself, there is a difference of opinion among them.