Bukhari

Hadith Commentary:
To give something to someone only for the duration of his lifetime is what is called ‘Umra.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has mentioned both ‘Umra and Ruqba in the chapter heading, but in the hadiths only ‘Umra is mentioned. This indicates that, according to him, both are the same or their ruling is the same.

(2)
According to the majority of scholars, ‘Umra becomes the property of the recipient and does not return to the giver, even if he stipulates a condition. If it is a conditional gift, then upon fulfillment of the condition, action will be taken accordingly.

Some narrations indicate that the Messenger of Allah sallallahu alayhi wa sallam forbade ‘Umra and Ruqba, and he said to the Ansar: “Do not ruin your lands in this way; whoever gives ‘Umra, it will belong to the one to whom it was gifted.” (Sahih Muslim, al-Hibat, Hadith: 4196(1625))

The meaning of these hadiths is that if you wish to take your wealth back, then do not give ‘Umra, because once you have given ‘Umra, it will not return. Rather, you should give a conditional gift, so there is no contradiction between the hadiths of permissibility and prohibition.

(Fath al-Bari: 5/293)

Among us, the practice of ‘Umra is not common; rather, the preferred method is that of hibah (gift). If someone wants to give his property to another according to the Shariah, it can be given through hibah.

And Allah knows best.