What is the ruling concerning the validity of Ruqba?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 7 · Bab 1

Open in Qurani

Primary text

The Ruqba is interpreted as being the same as the 'Umra; it is a grant for the recipient's lifetime, and if the recipient dies first, it reverts to the giver. This is the opinion of 'Ali, and Al-Zuhri suggested it is a bequest. If the condition is that it returns to the giver if the recipient dies first, it is treated the same as an 'Umra where return is stipulated.

Supporting text

Al-Hasan, Malik, and Abu Hanifa held that Ruqba is invalid because the Prophet (PBUH) validated the 'Umra but invalidated the Ruqba, and because its meaning implies transfer contingent upon chance (Khatar), which is impermissible for ownership transfer.