What is the legal status of granting use of a dwelling for a lifetime ('Sukna 'Umra' or 'Iska'ni 'Umra')?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
Stipulating 'Sukna' (residence/usufruct) of a dwelling for a lifetime is not a binding contract because it is fundamentally a gift of usufruct. Usufruct is realized incrementally over time, so it only becomes binding to the extent already taken and used by residing there. The person granted the residency ('Muskin') may revoke it whenever he wishes, and the right terminates upon the death of either party. This is the position of the majority of scholars and the Ashab al-Fatwa.
Supporting text
Al-Hasan, 'Ata', and Qatadah hold that this is like the 'Umra and belongs to the recipient and his lineage because it is equivalent in meaning to the 'Umra. Some distinction is made where saying 'It is yours, reside until you die' implies transferring the ownership (making it 'Umra), while saying 'Reside in this house of mine until you die' only grants usufruct (making it like a revocable loan or 'Ariya').