If a debtor owns nothing besides the house in which he resides and some things such as household furniture which he needs, a creditor cannot claim what he is owed from him. However, if the property that has been deposited as security is something like a house and household furniture, then the creditor can sell it and take what he is owed in accordance with what was said in the previous ruling.
[1] It is necessary to note that at present, what is commonly known as ‘rahn’ among people [in some places] is not, in reality, ‘rahn’ [in its jurisprudential sense]. Rahn [in its jurisprudential sense] refers to the money that is given to the owner of a house as a loan (qarḍ) in return for use of the house as a place of residence. This act, if it takes place without rent (ijārah), is usury (ribā) and unlawful (ḥarām), and the person does not have the right to live in that house.
If it takes place with rent, then, if giving the loan is conditional on the rent, it is again unlawful; and if the rent is on condition of the loan, then based on obligatory precaution (al‑iḥtiyāṭ al‑wājib) it is not permitted (jāʾiz). [Author] CHAPTER TWENTY-THREE » Suretyship (Ḍamān) CHAPTER TWENTY-ONE » Transfer of Debt (Ḥawālah) العربية فارسی اردو English Azərbaycan Türkçe Français