What is the ruling concerning the 'Umra (gift conditional on life span) and Ruqba (gift conditional on the death of one party)?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
'Umra and Ruqba are types of gifts requiring offer, acceptance, and possession, or what substitutes for it according to those who accept such substitutes. The 'Umra is when one says, 'I grant you ownership of this house for your life' or similar phrasing. The Ruqba is when one says, 'This is granted to you in anticipation of death, such that if you die before me, it returns to me, but if I die before you, it is yours and your lineage's.' The majority of scholars permit both types, supported by the Hadith of Jabir stating, 'The 'Umra is valid for its possessor, and the Ruqba is valid for its possessor.'
Supporting text
Some scholars held that these types of gifts are invalid due to the Prophet's statement: 'Do not perform 'Umra or Ruqba.' However, the prohibition is understood as informational, warning that nothing will revert to the giver, not as a prohibition that voids the contract's validity, especially since its validity results in a potential detriment to the giver, such as in the case of divorce during menstruation.