Bayhaqi 11975 — Umra (a lifetime gift)

Abu al-Zubayr heard Sayyiduna Jabir bin Abdullah (may Allah be pleased with him) say: A woman in Madinah gave her garden to her son as a lifelong grant ('umra). Then that son died, and the woman also died after him. That son left a son, and he also had brothers (the other sons of the woman who had given the 'umra). The woman's sons said: "The garden has returned to us." The man's sons said: "Rather, the garden belonged to our father, both in his life and after his death." They took their dispute to Tariq, the freed slave of Sayyiduna Uthman (may Allah be pleased with him). He called Sayyiduna Jabir (may Allah be pleased with him), and he testified from the Prophet (peace and blessings be upon him) that the 'umra belongs to the one to whom it was given. So Tariq ruled accordingly. Then he wrote to Abd al-Malik and informed him of it, and also told him of the testimony of Sayyiduna Jabir (may Allah be pleased with him). Abd al-Malik said: "Jabir has spoken the truth," and Tariq carried it out. That garden remains with that man's children to this day.