The Section on Lease Agreements · 88 – The Situation of the Person Who Declares Regarding Those Left Behind in a Gift Made with a Condition of Life Record
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) said: “If a gift is given to someone and his descendants are permitted to use it as long as they live, then the gift belongs to the recipient. It does not revert to the giver, for he has made a generous offering, and inheritance has arisen from that generosity.”
It was narrated on the same chain of narration and with the same meaning as the preceding hadith from Ibn Shihāb.
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) permitted a gift (hiba) to be given with the condition that it would revert to the giver upon his death, saying, “This is for you and your heirs.” If he says, "It is yours while I live," then this property will eventually return to its owner.
Jabir (may Allah be pleased with him) narrated: The Messenger of Allah (peace and blessings upon him) said: “Do not make rukba or umra. Whoever is given something under the guise of rukba or umra, it belongs to his heirs.”
**Explanation:**
Rukba: This means, "I am giving you this property; if I die before you, it is yours. If you die before me, it remains mine."
Umra: Generally, it signifies, “I have given you this property as long as I live.” This honorable hadith prohibits rukba and umra, although some scholars say that it was revealed with allowance for them but has since been superseded (mansukh). According to Imam Malik and Imam al-Azam Abu Hanifa: It is not permissible to say, "The property is yours until my death; if you die before me, the property is mine. If I die first, the property is yours."
Furthermore, according to Abu Hanifa, umra is divided as inheritance among other properties. Rukba, however, is treated as a trust (amanah).
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
A woman from the Ansar had given her son a date palm garden. The woman died. Her son said, “I gave this garden to my mother with the condition that she would enjoy it during her lifetime.” He also had a brother. Consequently, the Messenger of Allah (peace and blessings be upon him) ruled regarding the woman from the Ansar, saying: "The garden is yours, both in her life and after her death." The young man said, “I gave the garden to my mother as charity.” The Messenger of Allah (peace and blessings be upon him) then said, “Returning from a charitable gift is further away for you than returning from the grave.”