A man who lodges another man in a dwelling

Nafi' said: Sayyidah Hafsah bint Umar (may Allah be pleased with her) lodged Asma bint Zayd in a room of hers for the whole of her life. When Sayyidah Hafsah died, Sayyiduna Ibn Umar (may Allah be pleased with them both) took possession of the room.

Umar bin Abd al-Aziz wrote in a letter: Residence granted to someone is a loan ('ariyah). If the one granting it says that it is for him and for those who come after him, then it is for him and for those who come after him, as long as even one woman among them remains. If not even one woman remains, it returns to the heirs.

Ata said: If a man lodges another man and those who come after him in one of his houses and then dies, the heirs cannot evict him or those who come after him as long as even one of them remains.

Ibn Abi Mulaykah said: When Sayyidah Aishah (may Allah be pleased with her) lodged someone in one of her houses, she would say: "I lodge you for as long as I see fit."

Shurayh said: The matter of granting someone residence follows what the owner of the house has stipulated.

The same is reported through another chain.

Al-Hasan and al-Sha'bi said: Residence granted to someone is a loan ('ariyah).

Mughirah said: I asked Ibrahim: If a man lodges someone in his house, and then both the one who lodged him and the one lodged die, what is the ruling? He said: The house comes back to the heirs of the one who lodged him. I said: O Abu Imran! Was it not said that whoever is made the owner of something for his lifetime, it belongs to his heirs after him? He said: That applies only to the 'umra (a lifetime grant). As for residence, produce and loans ('ariyah), they return to the heirs.

Al-Zuhri said: If a man gives someone something, saying: "It is for you and your descendants," it is for him and his heirs. And if he says: "It is yours for your lifetime," it returns to him.

Al-Hakam said: Residence granted to someone is a loan ('ariyah).

Muhammad (Ibn Sirin) said: Some brothers brought a dispute before Shurayh. One of them said: "He arranged my marriage, gave me a home and gave me shelter." Shurayh asked: "Did he arrange his marriage and give him a home?" The people confirmed it. Then Qadi Shurayh said: "Two upright witnesses must testify that he preferred you over himself during his lifetime."