What is the ruling if the 'Umra stipulates return to the giver upon the recipient's death?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 6 · Bab 1

Open in Qurani

Primary text

There are two narrations from Ahmad regarding this. The first states the contract and condition are valid, and the property returns to the giver upon the recipient's death. This aligns with the narration from Jabir that the 'Umra permitted by the Prophet only permits saying, 'It is for you and your offspring,' but if one says, 'It is for you as long as you live,' it reverts to the owner. The second narration states the property belongs to the recipient and his heirs, and the condition is voided. This latter view is based on absolute narrations regarding 'Umra and Ruqba, which imply full ownership transfer, and the principle that temporary ownership of the principal is invalid in a gift, meaning the condition is void as it is a condition imposed on the heirs, not the immediate recipient.

Supporting text

The second opinion is favored, as it implies the gift is an absolute grant that includes inheritance rights, and voiding the condition is favored based on explicit Hadith stating that if something is granted by 'Umra or Ruqba, it belongs to the recipient for his life and his heirs.