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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب البيوعBook of Transactions
Description of ‘Umra, Ruqba, and gift
Hadith 460
اُردوEn
اَخْبَرَنَا اَبُوْ مُعَاوِیَةَ، حَدَّثَنَا الْحَجَّاجُ، عَنْ اَبِی الزُّبَیْرِ، عَنْ طَاؤُوْسٍ، عَنِ ابْنِ عَبَّاسٍ قَالَ: اَلْعُمْرٰی لِمَنْ اَعْمَرَهَا، وَالرُّقْبٰی لِمَنَ اَرْقَبَهَا، وَالْعَائِدُ فِی هِبَتِهٖ، کَالْعَائِدِ فِی قَیْئِه.
Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrated: ‘Umra is for the one for whom ‘Umra is made, Ruqba is for the one for whom Ruqba is made. And the one who takes back his gift is like the one who licks up his own vomit.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
➊ ‘Umra is derived from ‘umr (life), meaning that which is given for a lifetime. This name was given because, in the time of ignorance (Jahiliyyah), when a man would give a house to another, he would say: “I have made this house permissible for you for the duration of your life and until death.” And it would be said: “This is ‘umra for so-and-so.”
➋ Raqba is derived from muraqabah (watchfulness/anticipation). It is so named because in this, both the giver and the recipient wait for each other’s death, so that the thing may revert to the living one. It is as follows: a person gives something as a gift (hiba) to another on the condition that if you die first, this thing will return to me, and if I die first, then it will become yours. (Nayl al-Awtar: 4/74; al-Munjid, p. 582) The preferred (rajih) opinion is that whatever is given as a gift under the name of ‘umra or raqba will belong permanently to the one to whom it is given.
➌ It is not permissible to take back a gift (hiba) after giving it. Just as licking up vomit is a repugnant act, so too is taking back a gift after giving it considered an extremely bad deed.
➊ ‘Umra is derived from ‘umr (life), meaning that which is given for a lifetime. This name was given because, in the time of ignorance (Jahiliyyah), when a man would give a house to another, he would say: “I have made this house permissible for you for the duration of your life and until death.” And it would be said: “This is ‘umra for so-and-so.”
➋ Raqba is derived from muraqabah (watchfulness/anticipation). It is so named because in this, both the giver and the recipient wait for each other’s death, so that the thing may revert to the living one. It is as follows: a person gives something as a gift (hiba) to another on the condition that if you die first, this thing will return to me, and if I die first, then it will become yours. (Nayl al-Awtar: 4/74; al-Munjid, p. 582) The preferred (rajih) opinion is that whatever is given as a gift under the name of ‘umra or raqba will belong permanently to the one to whom it is given.
➌ It is not permissible to take back a gift (hiba) after giving it. Just as licking up vomit is a repugnant act, so too is taking back a gift after giving it considered an extremely bad deed.
Source: Musnad Ishaq bin Rahwayh, Page: 460
