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سنن ابي داود
Abu Dawud
كتاب الإجارةWages (Kitab Al-Ijarah)
باب فِي الرُّقْبَىChapter: Regarding A Gift Given To The Last One (Of The Giver And Recipient Who Remains) Alive.
Hadith 3559
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ النُّفَيْلِيُّ ، قَالَ : قَرَأْتُ عَلَى مَعْقِلٍ ، عَنْ عَمْرِو بْنِ دِينَارٍ ، عَنْ طَاوُسٍ ، عَنْ حُجْرٍ ، عَنْ زَيْدِ بْنِ ثَابِتٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ أَعْمَرَ شَيْئًا فَهُوَ لِمُعْمَرِهِ مَحْيَاهُ ، وَمَمَاتَهُ وَلَا تُرْقِبُوا ، فَمَنْ أَرْقَبَ شَيْئًا فَهُوَ سَبِيلُهُ " .
Narrated Zayd ibn Thabit: The Prophet ﷺ said: If anyone gives something in life-tenancy, it belongs to the one to whom it is given, in his life and after his death; and do not give property to go to the survivor, for if anyone gives something to to to the survivor, it belongs to him.
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
Whatever is given to someone for a lifetime will not return to the giver after the recipient’s death; rather, just as the rest of the deceased’s estate is distributed among his heirs, so too will the thing received in this manner be included in the inheritance and divided among his heirs. This is because, according to the Shariah, this item falls under the ruling of a gift (hiba), and therefore it will be considered the lawful property of the recipient.
Whatever is given to someone for a lifetime will not return to the giver after the recipient’s death; rather, just as the rest of the deceased’s estate is distributed among his heirs, so too will the thing received in this manner be included in the inheritance and divided among his heirs. This is because, according to the Shariah, this item falls under the ruling of a gift (hiba), and therefore it will be considered the lawful property of the recipient.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2381
Hafiz Muhammad Ameen
That is, in the event of the death of the one to whom the ‘umra was given, it will go to his heirs; it will not return to the giver.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3748
