Hadith 1626
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، وَابْنُ بَشَّارٍ ، قَالَا : حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ ، حَدَّثَنَا شُعْبَةُ ، عَنْ قَتَادَةَ ، عَنْ النَّضْرِ بْنِ أَنَسٍ ، عَنْ بَشِيرِ بْنِ نَهِيكٍ ، عَنْ أَبِي هُرَيْرَةَ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " الْعُمْرَى جَائِزَةٌ " ،
Jabir bin'Abdullah (RA) reported Allah's Apostle (ﷺ) as saying: Life grant is the heritage of one upon whom it is conferred.
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وحَدَّثَنِيهِ يَحْيَى بْنُ حَبِيبٍ ، حَدَّثَنَا خَالِدٌ يَعْنِي ابْنَ الْحَارِثِ ، حَدَّثَنَا سَعِيدٌ ، عَنْ قَتَادَةَ بِهَذَا الْإِسْنَادِ غَيْرَ ، أَنَّهُ قَالَ : مِيرَاثٌ لِأَهْلِهَا أَوَ قَالَ جَائِزَةٌ .
Abu Hurairah (RA) reported Allah's Apostle (ﷺ) as saying: Life grant is permissible. This ha: dith is narrated on the authority of Qatada with the same chain of transmitters.
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Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The Arabs would sometimes, while doing a favor for someone, say: “I permit you to live in this house of mine for your entire life.” The meaning of this was that after your death, this house would return to me or my heirs. This is called ‘umra’.
➋ The Messenger of Allah (sallallahu alayhi wa sallam) included ‘umra’ under the general ruling of gift (hibah). Now, once something has been given, it belongs to the recipient. It is not permissible to stipulate the condition that after your death it will return to me.
➊ The Arabs would sometimes, while doing a favor for someone, say: “I permit you to live in this house of mine for your entire life.” The meaning of this was that after your death, this house would return to me or my heirs. This is called ‘umra’.
➋ The Messenger of Allah (sallallahu alayhi wa sallam) included ‘umra’ under the general ruling of gift (hibah). Now, once something has been given, it belongs to the recipient. It is not permissible to stipulate the condition that after your death it will return to me.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2379
Hafiz Muhammad Ameen
All these statements have been mentioned by Hazrat Qatadah for the clarification of this issue. The fact that a caliph did not judge according to an authentic hadith does not weaken this hadith; however, from these statements it becomes evident that the issue is one of difference. But the correct position is that which is established from authentic ahadith, as has already been explained in detail.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3786
