Bukhari

Hadith Commentary:
‘Umra is when a person gives, for example, a house to someone for the duration of their lifetime.
Ruqba is when, for example, someone gives a house to another on the condition that if the giver dies first, the house will belong to the recipient, but if the recipient dies first, the house will revert to the giver.
In this, each party keeps watch for the death of the other.
That is why it is called ruqba.
Both of these contracts were prevalent in the time of Jahiliyyah (pre-Islamic ignorance).
According to the majority of scholars, both are valid, but Imam Abu Hanifah rahimahullah has prohibited ruqba.
According to the majority of scholars, the recipient of ‘umra becomes the owner, and it does not revert to the giver.
The hadith that Imam Bukhari rahimahullah has mentioned in this chapter refers only to ‘umra, not ruqba.
And perhaps he considered both to be the same.
(Wahidi)
Hafiz (Ibn Hajar) says:
“Al-‘Umra, with a dammah on the ‘ayn and sukun on the meem, with shortening, and it is also reported with a dammah on the meem along with a dammah on the first letter, and it is also reported with a fatha on the first letter with sukun. It is derived from ‘umr (life). Ruqba, with the same pattern, is derived from muraqabah (watchfulness), because they used to do this in Jahiliyyah: a man would give a house and say to him, ‘I have given it to you for your lifetime,’ meaning, ‘I have permitted it for you for the duration of your life.’ Thus, it was called ‘umra for this reason. Similarly, it was called ruqba because each of them would watch for when the other would die so that it would revert to him, and likewise his heirs would take his place in this. This is its linguistic origin. As for the legal (shar‘i) ruling, the majority are of the view that when ‘umra occurs, it becomes the property of the recipient and does not revert to the first (giver), except if he explicitly stipulates that condition. The majority have also held the validity of ‘umra.” (Fath al-Bari)
In summary, the word ‘umra is derived from ‘umr (life), and ruqba from muraqabah (watchfulness).
This is because, in Jahiliyyah, it was customary for a person to give his house as a gift to someone on the condition that the house is granted only for the duration of the recipient’s life; hence, it was called ‘umra. It was called ruqba because each party would be waiting for the other’s death—when the recipient would pass away and when the house would return to the giver.
Similarly, the heirs would also wait.
This is the linguistic aspect. Legally, according to the majority, when ‘umra takes place, it becomes the property of the recipient and cannot revert to the original giver,
except in the case where the giver explicitly stipulates the condition of return. According to the majority, ‘umra is valid.

Hadith Commentary: Benefits and Issues: It is understood from this hadith that, in this situation, making an exception or a condition is not permissible when an ‘umra (life grant) is for him and his descendants. If the ‘umra is only for him, then inheritance will not apply to it, and thus, a condition or exception is valid.

Hadith Commentary: Benefits and Issues: This hadith establishes that if an ‘umra (gift of residence for life) is unconditional, meaning that there is no stipulation, exception, or restriction in it, then it will be removed from the ownership of the original owner. Therefore, one should undertake this matter with careful consideration.

Hadith Commentary:
Benefits and Issues:
This hadith is an evidence for those who say that in this case, ‘umra is under the ruling of ‘ariyyah (loaned property). This is also the position of the narrators of this hadith, Abu Salamah and al-Zuhri. Imam Malik, Qasim ibn Muhammad, Ibn Abi Dhi’b, Abu Thawr, and Dawud also hold this view. However, according to the majority (jumhur), this exception is not valid, because the general narrations are unrestricted.

Hadith Commentary:
Vocabulary of the Hadith:
‘Umra:
To give something to someone for the duration of their life, meaning, as long as you are alive, this thing is yours.

Benefits and Issues:
There are three forms of ‘umra.

(1)
The giver says,
(هي لك ولعقبك),
"This is for you and your descendants,"
meaning, after your life, it is for your heirs.
In this case, according to the majority, this thing or property will permanently belong to the one to whom it was given,
and after him, to his descendants.
If his lineage ends,
then it will go to the public treasury (bayt al-mal).
However, according to Imam Malik and Imam Layth, the person and his descendants
may benefit from this thing,
if it is a house, they may reside in it,
but it will not become their property.
Therefore, if his heirs cease to exist,
it will return to the heirs of the giver.
But this position is contrary to the explicit hadith.

(2)
The giver of the house says,
"I give you this house for your lifetime;
after your death, it will return to me."
According to Imam Malik,
the one to whom it is given
will have it for his lifetime,
and after his death,
if the giver is alive, it will return to him,
otherwise, to his heirs.
This is also the position of Imam Zuhri,
Imam Dawud, and others.
One opinion of Imam Ahmad and Imam Shafi’i is also this,
and according to Hafiz Ibn Hajar, some Shafi’is have given preference to this opinion,
but most Shafi’is do not accept it.
Shah Waliullah also considers this as a loan (ariyah).
But according to the majority, its ruling is the same as the first case,
and this condition will be void.
Imam Abu Hanifah,
the new opinion of Imam Shafi’i, and the preferred opinion of Imam Ahmad is this.
However, according to the author of Taysir al-‘Allam, Hafiz Ibn Taymiyyah,
under (al-muslimun ‘ala shurutihim),
this condition is considered valid.

(3)
He says without any restriction or condition,
"This house is yours for your lifetime."
According to Imam Abu Hanifah,
Imam Shafi’i, and Imam Ahmad, its ruling is the same as the first case;
it will be a gift (hiba),
not a loan (ariyah).
According to Imam Malik
and Imam Layth, it is a loan (ariyah),
and will return to the giver or his heirs.
One opinion of Imam Shafi’i is also this,
and Imam Shafi’i’s old opinion is that this form is not valid.
(Fath al-Bari,
vol. 5,
p. 294,
Maktabat Darussalam)

Explanation:
1:
"Raqba" is derived from "raqab," which means waiting.
Islam made such a change in this that the thing remains with the one to whom it was given (mowhub lahu).
After the death of the mowhub lahu, it will be distributed among his heirs as inheritance.
It will not return to the giver (wahib) either,
just as is the case in 'umra.
In raqba, it used to be that the one making the gift would say, "I have given you this thing for the duration of your life;
after your death, this thing will return to me,
and if I die, it will remain yours,
then when you die, it will return to my heirs."
Thus, each would wait for the other's death.

Benefits and Issues:
Benefit: In (Ruqba), a gift is given in such a manner
that one says: “As long as you are alive, continue to use this thing.
If you pass away before me, it will return to me.
Otherwise, it will be yours.”
Undoubtedly, due to possessing something for such a long period, a person becomes attached to it.
Returning it afterwards becomes a cause of tribulation.
Therefore, either the gift should be given completely,
or it should be taken back after an appropriate period.
Accordingly, any gift given under the name of ‘Umra or Ruqba
will become the permanent property of the recipient (muhub lahu).
This is the preferred (rajih) opinion.

Urdu Footnote:
From hadith 3774 up to this hadith, the form of ‘Umra (life grant) being described is that “this thing is for you and your children.” It is evident that in this case, the thing cannot be returned, because the giver himself has explicitly mentioned “children.” Imam Malik rahimahullah has deduced from such ahadith that if the one giving the ‘Umra does not explicitly mention “children,” then after the death of the recipient, the thing will return to the giver. However, this deduction is weak, because this has not been explicitly stated. Such a meaning is only understood implicitly from these ahadith, whereas in other ahadith, it has been explicitly stated that even if only the word ‘Umra is used, the return is negated, even if “children” are not mentioned. When there is a conflict between explicit (manṭūq/sarāḥat) and implicit (mafhum) meanings, the explicit (manṭūq/sarāḥat) is given preference. The details have already been explained previously.

Even if he does not explicitly state it for his children, that thing will still be inherited by them as inheritance. This has been clearly mentioned in the preceding ahadith.

Benefits and Issues:
(1)
The meaning of Raqba is that, for example, I give you this house. If you pass away first, the house will return to me, and if I pass away first, the house will remain yours.

(2)
The difference between Umra and Raqba is that in Umra, only the lifetime of the recipient is considered—that is, as long as he is alive, he will remain in that house, whether he dies before or after the giver. Whenever the recipient dies, the house will return to the giver or his heirs. In Raqba, the condition was that it would only return if the recipient died first. If the giver died first, the house would become the property of the recipient.

(3)
Both Umra and Raqba were customary in Arabia before Islam. In Islam, both of these were rendered null and void.

(4)
It is permissible to make a gift (hiba). If something is given to someone with the condition of Umra or Raqba, it will still be considered a gift (hiba), and this condition, being contrary to the Shariah, will be null and void.

(5)
If a person wants to help a poor person and also wants the house, etc., to remain in his own ownership, then he should give it as a loan for use (ariyah) for a certain period. If, after the period ends, the need is still felt, the period can be extended.

Hadith Authentication (Takhrij al-Hadith):
[الموطأ رواية يحييٰ بن يحييٰ 756/2 ض 1517، ك 36 ب 37 ح 43، التمهيد 112/7، الاستذكار : 1446، و أخرجه مسلم فواد عبدالباقی ترقیم 1625، دارالسلام 4188، من حديث مالك به]

Jurisprudential Understanding (Tafaqquh):
➊ Sayyiduna Jabir radi Allahu anhu used to say that the Messenger of Allah sallallahu alayhi wa sallam declared as valid only that ‘umra in which the giver says: “This is for you and for your heirs.” If he says, “This is for you as long as you live,” then it will return to the one who gave the ‘umra. Imam al-Zuhri also issued fatwa in accordance with this. [صحيح مسلم 1265/23، وترقيم دارالسلام: 4191]
➋ Umm al-Mu’minin Sayyida Hafsa bint ‘Umar ibn al-Khattab radi Allahu anhuma gave a house to the daughter of Zayd ibn al-Khattab radi Allahu anhu for her lifetime. When Zayd’s daughter passed away, ‘Abdullah ibn ‘Umar radi Allahu anhuma took the house back, considering (due to being the heir of his sister) that the house belonged to him. [موطأ امام مالك 756/2 ح 1519 وسنده صحيح]
➌ Qasim ibn Muhammad ibn Abi Bakr rahimahullah used to say: I found the people adhering to the conditions regarding their wealth and whatever was given to them with stipulations. [موطأ امام مالك 756/2 ح 1518 وسنده صحيح]
➍ Imam Malik said: Our practice (in Madinah) is that the ‘umra returns to the giver of the ‘umra, provided he does not say, “This is for you and for your heirs.” [موطأ امام مالك 756/2 ح 1518 وسنده صحيح]

Benefit:
From this hadith it is understood that just as the Qur’an is a part of the religion and revealed from Allah, in the same way, the rulings of hadith are also revealed from Allah. Like the Noble Qur’an, hadith is also a proof (hujjah). The noble Companions (radi Allahu anhum ajma‘in) also regarded it as a proof.