What is the legal effect of an 'Umra concerning ownership?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The 'Umra transfers full ownership (Raqabah) to the recipient, which then passes to his heirs upon his death. This is the position of Jabir ibn Abdullah, Ibn 'Umar, Ibn 'Abbas, Sharih, Mujahid, Tawus, Al-Thawri, Al-Shafi'i, and the Ashab al-Ra'y, and it is narrated from 'Ali.
Supporting text
Malik and Al-Layth hold that the 'Umra only transfers usufruct (usufruct), meaning the recipient has the right of dwelling, but the underlying property reverts to the original owner upon the recipient's death, or upon the extinction of the recipient's lineage if specified.