Issue 789: The usage which is incompatible with a security is not allowed.
Issue 789: The usage which is incompatible with a security is not allowed. According to this, it is not allowed for the lender nor the borrower to give away something given as a security to anyone or to sell it without the permission of the other side. However, when one of them has given that particular thing away or has sold it and, then, afterward the other side gave permission, there is no objection in it.
The precaution is that neither one of them utilize the thing given as a security without requesting the permission of the other side and even when there is no pressure on the security. Issue 790: When the lender sells the security by seeking the permission of the borrower and (the borrower) gives permission, the security (agreement) is invalidated.
Its price (received in the sale) is not a security except that the permission for the sale is conditional that the price (received) be a security also. Issue 791: When it is impossible for the borrower to repay his debt in the established time forcing the lender to seek it, it is permissible for the lender to sell something given as a security and pay his debt from its price and return the rest to the borrower.
If it is possible (to have a religious Judge), then, the recommended precaution is that (the lender) seek his permission for this action. Issue 792: When the borrower does not repay his debt and he does not have property except the house in which he resides and the necessities which he requires in his day to day life, like carpets and things similar to that, it is not allowed for the lender to seek his debt, rather, it is obligatory for him to grant a delay (in its payment) and give a deferment.
However, when the thing which was given as a security it was the house and the necessities of the house, it is permitted for the lender to sell it and recover his debt from is price (of sale). Issue 793: A custom is practiced among people that a person gives another person owning a house an amount of property under the title of a loan.
The owner of the house gives his house for the use of the owner of the sum (given to the house's owner) as security with the condition that he pay back a smaller sum, like an uncommon (type of) renting or he does not pay back any sum. This house is called a security and this transaction is interest related and forbidden.