Chapter18-Gifts, Umra (Life-Tenancy) and Ruqba

290. Umra means that a man gives another man a house and says to him, 'I give it to you to live in as long as you live: and is considered a gift.

Ruqba literally means watching for, it means that a man gives: a house to another man and says to him. 'If I die first. then it is yours, and if you die first it is mine.' So it is called Ruqba because each of them is watching for the death of the other. Therefore it is disliked as each of the two men hope for the death of the other, but Islam stopped this practice as it considers Ruqba a permanent gift that will be inherited by the heirs of the one it is given to.




956. An-Numan bin Al-Bashir narrated that his father took him to the Prophet and said, '1 have given this son of mine a slave who belonged to me.' The Messenger of Allah asked him, "Have you given all your sons the same (gift)?" He replied, 'No: The Prophet said, "Then take back your gift."

In another version, 'My father hurried to the Prophet to ask him to be witness on my gift. The Prophet asked him, "Have you done the same with all your children (i.e. have you given each of them the same gift?) He replied, 'No.'The Prophet said, "Fear Allah and be just with your children.' My father then returned and took back his gift.' Agreed upon.

In a narration by Muslim, the Messenger of Allah said, "Let someone else be witness to this (gift)." He then said to him, "Would you like them to treat you well equally?" Nurnan
said, 'Yes.'The Prophet then said, "Don't do it then."






957. Ibn 'Abbas ) narrated that the Messenger of Allah said, "The one who seeks to take back his gift (which he has already given) is like a dog which swallows its vomit.'' (291) Agreed upon.

In a version by Al-Bukhari, "A bad example is not considered one of us. He who takes back his gift is like a dog that swallows its vomit.'

291. This had!th is proof that taking back a gift, which has already been given is absolutely prohibited except for the gift which is given by the parent to his/her child.






958. Ibn 'Umar and Ibn Abbas narrated that the Messenger of Allah said, "It is not lawful for a Musljm to give a gift to someone and then take it back, except for a father concerning what he gives his son (he can then take it back)." Related by the four Imams and Ahmad. At-Tirmidhi, Ibn Hibban and al-Hakim graded it as Sahih.






959. 'A'ishah narrated, 'Allah's Messenger used to accept presents and used to also give presents in return.' Related by Al-Bukhari.






960. Ibn' Abbas narrated, 'A man gave a she-camel as a present to the Messenger of Allah , so he gave him something in return for it and asked him, "Are you satisfied?" The man replied, 'No.' The Prophet then gave him more and asked again, "Are you satisfied?" The man replied. 'No.' Again the Prophet gave him more and asked him, "Are you satisfied?" The man replied, 'Yes.' Related by Ahmad. Ibn Hibblln graded it as Sahih.






961. Jabir narrated that the Messenger of Allah said, 'al-'Umra: belongs to the one to whom it is given." Agreed upon.

Muslim transmitted, "Keep your property for yourselves and do not waste them away, for whoever gives 'Umra (life tenancy) to anyone, it belongs to the one to whom it is given
both during his life, after his death and then to his descendants."

In another version, "The 'Umra, which the Messenger of Allah allowed (to be given to his descendants after his death) is the one in which the one (who is giving away the property) says: 'It is for you and for your descendants.' But if he says, 'It is for you as long as you live.' It is returned to its original owner.

In a version by Abu Dawud and An·Nasa'i,'Do not give property to others by way of Ruqba and 'Umra for if anyone is given either of them, the property goes to his heirs."







962. 'Umar narrated, 'I gave a horse-in charity- to a man to use in Jihad in the Cause of Allah. The man did not look after it properly, and I thought he would sell it for a cheap price, I asked the Messenger of Allah about this (i.e. buying it myself).' The Prophet said to him, "You should not buy it, even if he gave it to you for a Dirham (he should not take it back as he gave it in charity and it is considered as a gift)." Agreed upon.






963. Abu Hurairah narrated that the Messenger of Allah said, "Exchange presents between yourselves as this creates love between you." Related by Al-Bukhari in his book 'al-Adab al-Mufrad.' Abu Ya'la with a good chain of narrators.






964. Anas narrated that the Messenger of Allah said "Exchange presents between yourselves as this extracts grudge gently (from your hearts)." Related by Al-Bazzar with a weak chain of narrators.






965. Abu Hurairah narrated that the Messenger of Allah said, "0 Muslim women! None of you should look down upon the present sent by her (female) neighbor even if it were the trotters of a sheep." Agreed upon.






966. Ibn 'Umar narrated that the Messenger of Allah said, "If anyone gives away a gift he is the one who has most right to it as long as he was not given anything in return." Related by al-Hakim who graded it as Sahih