Pawning and Mortgaging: Repayment in Kind: Is the Pawnbroker Entitled to Demand the Same Items Given?

Practical Laws of Islam as per the teachings of Imam Khamenei

Pawning and Mortgaging: Repayment in Kind: Is the Pawnbroker Entitled to Demand the Same Items Given?

English:

Question #1677:

A person pawned his land with someone as a surety for a loan he was supposed to give him. After getting hold of the land, the pawnbroker apologized for not having the money the landlord asked for. However, they settled for ten sheep to be given to the landlord instead of the money. Now, the mortgagor wants to get his land back by paying the debt to the broker. The broker is insisting on getting repaid in kind, i.e. the same ten sheep he gave the owner of the land when they concluded the deal. Is what he is demanding shar‘ī?

Answer #1677:

Mortgage is for something already loaned not for a future debt/loan. According to the question, the land and the sheep should be returned to their owners.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Pawning and Mortgaging