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سنن نسائي
Nasai
كتاب العمرىThe Book of 'Umra
بَابُ : الْعُمْرى لِلْوَارِثِChapter: "'Umra (A Gift Given For Life) Belongs To The Heir"
Hadith 3754
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ عُبَيْدِ اللَّهِ بْنِ يَزِيدَ بْنِ إِبْرَاهِيمَ ، قَالَ : أَخْبَرَنِي أَبِي , أَنَّهُ عَرَضَ عَلَيَّ مَعْقِلٌ ، عَنْ عَمْرِو بْنِ دِينَارٍ ، عَنْ حُجْرٍ الْمَدَرِيِّ ، عَنْ زَيْدِ بْنِ ثَابِتٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ أَعْمَرَ شَيْئًا فَهُوَ لِمُعْمَرِهِ مَحْيَاهُ وَمَمَاتَهُ ، وَلَا تُرْقِبُوا فَمَنْ أَرْقَبَ شَيْئًا فَهُوَ لِسَبِيلِهِ " .
´It was narrated that Zaid bin Thabit said:` The Messenger of Allah said: "Whoever gives a life-long gift, it belongs to the one to whom he gave it, both during his life and after his death. And do not give things on the basis of Ruqba, for whoever is given something on the basis of Ruqba, it becomes part of his estate."
Related hadith on this topic
Brief Explanation
1؎: That is, now it will be divided among the heirs of the one to whom the gift (hibah) was given; it will not return to the one who made the gift.
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
