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سنن نسائي
Nasai
كتاب الرقبىThe Book of ar-Ruqba
بَابُ : ذِكْرِ الاِخْتِلاَفِ عَلَى ابْنِ أَبِي نَجِيحٍ فِي خَبَرِ زَيْدِ بْنِ ثَابِتٍ فِيهِChapter: Mentioning The Different Reports From Ibn Abi Najih Concerning The Narration Of Zaid Bin Thabit
Hadith 3736
اُردوEn
أَخْبَرَنَا هِلَالُ بْنُ الْعَلَاءِ ، قَالَ : حَدَّثَنَا أَبِي ، قَالَ : حَدَّثَنَا عُبَيْدُ اللَّهِ وَهُوَ ابْنُ عَمْرٍو ، عَنْ سُفْيَانَ ، عَنْ ابْنِ أَبِي نَجِيحٍ ، عَنْ طَاوُسٍ ، عَنْ زَيْدِ بْنِ ثَابِتٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " الرُّقْبَى جَائِزَةٌ " .
´Hilal bin Al-'Ala' informed us:` "My father narrated to us: Ubaidullah -he is, Ibn 'Amr- narrated to us, from Sufyan, from Ibn Abi Najih, from Tawus, from Zaid bin Thabit, that the Prophet said: 'Ar-Ruqba is permissible.'"
Related hadith on this topic
Brief Explanation
1؎: The "Ruqba" of the days of ignorance (Ayyam al-Jahiliyyah) was that a person would give his house or land to someone with the condition that if I die first, it will become yours, and if you die, I will take it back. In this way, each would be waiting for the other's death. However, Islamic law (Shari‘ah Islamiyyah) invalidated this bilateral condition and made such gifts (hibah, etc.) specific only to the person to whom the gift was made. Whether he (the recipient) dies before or after the giver, in every case, the gift will belong solely to the "muhub lahu" (the one for whom the gift was made). After the death of the "muhub lahu," it will transfer to his heirs. "Ruqba" and "Umra" according to the pre-Islamic custom are almost synonymous in meaning.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
Whatever is given to someone for a lifetime will not return to the giver after the recipient’s death; rather, just as the rest of the deceased’s estate is distributed among his heirs, so too will the thing received in this manner be included in the inheritance and divided among his heirs. This is because, according to the Shariah, this item falls under the ruling of a gift (hiba), and therefore it will be considered the lawful property of the recipient.
Whatever is given to someone for a lifetime will not return to the giver after the recipient’s death; rather, just as the rest of the deceased’s estate is distributed among his heirs, so too will the thing received in this manner be included in the inheritance and divided among his heirs. This is because, according to the Shariah, this item falls under the ruling of a gift (hiba), and therefore it will be considered the lawful property of the recipient.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2381
Hafiz Muhammad Ameen
That is, in the event of the death of the one to whom the ‘umra was given, it will go to his heirs; it will not return to the giver.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3748
