34. The Book of 'Umra
"'Umra (A Gift Given For Life) Belongs To The Heir"
It was narrated from Zaid bin Thabit that the Prophet said: "'Umra (a gift given for life) belongs to the heir." It was narrated from Zaid bin Thabit that the Messenger of Allah said: "'Umra (a gift given for life) belongs to the heir." It was narrated from Zaid bin Thabit that the Prophet ruled that 'Umra (a gift given for life) belongs to the heir. It was narrated from Zaid bin Thabit that the Prophet ruled that 'Umra (a gift given for life) belongs to the heir. It was narrated that Zaid bin Thabit said: The Messenger of Allah said: "Whoever gives a life-long gift, it belongs to the one to whom he gave it, both during his life and after his death. And do not give things on the basis of Ruqba, for whoever is given something on the basis of Ruqba, it becomes part of his estate." It was narrated from 'Abdullah bin 'Abbas that the Prophet said: "'Umra is permissible." It was narrated from Ibn 'Abbas that the Prophet said: "Indeed 'Umra is permissible." It was narrated from Tawus that the Messenger of Allah made 'Umra and Ruqba binding.
Mentioning The Different Versions Of The Report Of Jabir Concerning 'Umra
Malik bin Dinar narrated from 'Ata', from Jabir that the Messenger of Allah addressed them one day and said: "'Umra is permissible." 'Abdul-Karim narrated from 'Ata', who said: "The Messenger of Allah forbade 'Umra and Ruqba." I said: "What is Ruqba?" He said: "When one man says to another: 'This belongs to you for the rest of your life.' But if you do that, it is permissible." Shu'bah said: "I heard Qatadah narrating from 'Ata', from Jabir that the Prophet said: 'Umra is permissible.'" 'Abdul-Malik bin Abi Sulaiman narrated from 'Ata' who said: "The Messenger of Allah said: 'Whoever is given something for the rest of his life, it belongs to him for as long as he lives and after he dies.'" Sufyan narrated from Ibn Juraij, from 'Ata', from Jabir that the Messenger of Allah said: "Do not give things on the basis of Ruqba or 'Umra. Whoever is given something on the basis of Ruqba or 'Umra, it belongs to his heirs." Ibn Juraij narrated from 'Ata': "Habib bin Abi Thabit informed us from Ibn 'Umar, that the Messenger of Allah said: 'There is no 'Umra and no Ruqba. Whoever is given something on the basis of 'Umra or Ruqba, it belongs to him for the rest of his life and after he dies.'" Ibn Juraij said: 'Ata' informed me, from Habib bin Abi Thabit, from Ibn 'Umar -and he did not hear it from him- he said: 'Allah's Messenger said: "There is no 'Umra and no Ruqba. Whoever is given something on the basis of 'Umra or Ruqba, it belongs to him for the rest of his life and after he dies."' 'Ata' said: "It belongs to the other." Yazid bin Ziyad bin Abi Al-Ja'd narrated from Habib bin Abi Thabit, who said: "I heard Ibn 'Umar say: 'The Messenger of Allah forbade Ruqba and said: "Whoever is given something on the basis of Ruqba, it belongs to him."'" Ibn Juraij said: "Abu Az-Zubair informed me that he heard Jabir saying: 'The Messenger of Allah said: "Whoever is given something on the basis of 'Umra it belongs to him for the rest of his life and after he dies."'" Al-Hajjaj bin As-Sawwaf narrated from Abu Az-Zubair, who said: "Jabir said: 'The Messenger of Allah said: "O Ansar! Hold on to your wealth, and do not give it on the basis of 'Umra. For whoever gives something on the basis of 'Umra, it belongs to the one to whom he gave it on that basis, for the rest of his life and after he dies."'" Hisham narrated from Abu Az-Zubair, from Jabir, that the Messenger of Allah said: "Hold on to your wealth and do not give it on the basis of 'Umra. For whoever is given something on the basis of 'Umra for the rest of his life, it belongs to him for the rest of his life and after his death." Khalid narrated from Dawud bin Abi Hind, from Abu Az-Zubair, from Jabir, who said: "The Messenger of Allah said: 'Ruqba belongs to the one to whom it is given.'" Hushaim narrated from Dawud, from Abu Az-Zubair, from Jabir, who said: "The Messenger of Allah said: 'Umra is permissible for the one to whom it is given, and Ruqba is permissible for the one to whom it is given.'"
Mentioning The Different Reports From Az-Zuhri About It
Al-Awza'i narrated from Az-Zuhri, from 'Urwah, from Jabir, who said: "The Messenger of Allah said: 'Whoever is given something on the basis of 'Umra, it belongs to him and to his descendants, and is inherited by those who inherit from him.'" (A different chain) from Abu 'Amr, from Ibn Shihab, from Abu Salamah, from Jabir, who said: "The Messenger of Allah said: 'Umra (a lifelong gift) belongs to the one to whom it was given; it belongs to him and to his heirs, and is inherited by those among his descendants who inherit from him.'" (A different chain) from Al-Awza'i, from Az-Zuhri, from 'Urwah and Abu Salamah, from Jabir, who said: "The Messenger of Allah said: 'Umra (a lifelong gift) belongs to the one to whom it was given; it belongs to him and to his descendants, and is inherited by those who inherit from him.'" It was narrated from Hisham bin 'Urwah, from his father, from 'Abdullah bin Az-Zubair, that the Messenger of Allah said: "Any man who gives a lifelong gift to another man, it belongs to him (the recipient) and to his descendants, and to those who inherit from him." Al-Laith narrated from Ibn Shihab, from Abu Salamah bin 'Abdur-Rahman, from Jabir, who said: "I heard the Messenger of Allah say: 'Whoever gives a life-long gift to a man, it belongs to him and to his heirs; his words (when he gave the gift) put an end to his rights over it, and it belongs to the one to whom it was given on the basis of 'Umra, and to his heirs.'" Malik narrated from Ibn Shihab, from Abu Salamah, from Jabir that the Messenger of Allah said: "Any man who is given a gift on the basis of 'Umra, it belongs to him and to his descendants. It belongs to the one to whom he gave it, and it cannot be taken back by the one who gave it, because he has given a gift, and it comes to the heirs of the one to whom it was given." Shua'ib narrated from Az-Zuhri, who said: "Abu Salamah bin 'Abdur-Rahman narrated to me, that Jabir told him: 'The Messenger of Allah ruled that whoever gives a lifelong gift to a man, it belongs to him and to his heirs. It belongs to the one to whom it was given, on the basis of 'Umra. It will be inherited from its recipient according to Allah's (injunctions on) inheritance and its rights.'" Ibn Abi Dhi'b narrated from Ibn Shihab, from Abu Salamah, from Jabir, that the Messenger of Allah ruled -concerning a person who has been given a lifelong gift ('Umra)- that it belongs to him and to his descendants: "It is undoubtedly his, and it is not permissible for the giver to stipulate any conditions or exceptions." Abu Salamah said: "Because he gave it as a gift and thus, it is subject to the same ruling as the estate, and the condition (that it will revert to the giver on the death of recipient) has become invalid." Salih narrated from Ibn Shihab, that Abu Salamah informed him from Jabir, that the Messenger of Allah said: "Any man who gives a lifelong gift to another man, it belongs to him (the recipient) and his descendants. He said: 'I have given it to you and to your descendants so long as any of you are still alive.' So it belongs to the one to whom it was given, and it cannot revert to the first owner, since he has given it as a gift, and as such, it becomes subject to the same ruling as the estate." Yazid bin Abi Habib narrated from Ibn Shihab, from Abu Salamah, from Jabir, that the Messenger of Allah ruled concerning 'Umra -when a man gives a gift to another man, and his descendants, but stipulates that if something happens to you and your descendants, then it will belong to me and my descendants- "It belongs to the one to whom it was given, and to his descendants."
Mentioning The Different Reports Narrated From Abu Salamah By Yahya Bin Abi Kathir And Muhammad Bin
Hisham said: "Yahya bin Abi Kathir narrated to us, he said: 'Abu Salamah bin 'Abdur-Rahman narrated to me, he said: "I heard Jabir say: 'The Messenger of Allah said: "A lifelong gift belongs to the one to whom it was given."'"'" Abu Isma'il said: "Yahya narrated to us that Abu Salamah narrated to him, from Jabir bin 'Abdullah, from the Prophet of Allah who said: 'A lifelong gift belongs to the one to whom it was given.'" Isma'il narrated from Muhammad, from Abu Salamah, from Abu Hurairah, that the Messenger of Allah said: "There is no lifelong gift. Whoever is given something as a lifelong gift, it belongs to him." Muhammad bin 'Amr said: "Abu Salamah narrated to us, from Abu Hurairah that the Messenger of Allah said: 'Whoever is given something as a lifelong gift, it belongs to him.'" Bashir bin Nahik narrated from Abu Hurairah that the Prophet said: "A lifelong gift ('Umra) is permissible." It was narrated that Qatadah said: "Sulaiman bin Hisham asked me about a lifelong gift. I said: 'Muhammad bin Sirin narrated that Shuraih said: "The Prophet of Allah ruled that a lifelong gift is permissible."'" Qatadah said: "I said: 'And An-Nadr bin Anas narrated to me, from Bashir bin Nahik, from Abu Hurairah, that the Prophet of Allah said: "A lifelong gift is permissible."'" Qatadah said: "I said: 'Al-Hasan used to say: "A lifelong gift is permissible."'" Qatadah said: "Az-Zuhri said: 'A lifelong gift is when it is stipulated that it is for the one to whom it is given and his descendants, but if his descendants were not mentioned then the condition is valid (and it reverts to the one who gave it).'" Qatadah said: "So 'Ata' bin Abi Rabah was asked, and he said: 'Jabir bin Abdullah narrated to me that Allah's Messenger said: "Umra is permissible."'" Qatadah said: "Az-Zuhri said: 'The Caliphs (Khulafa') did not rule according to this.'" 'Ata' said: "Abdul-Malik bin Marwan ruled according to this."
A Woman Giving A Gift Without Her Husband's Permission
It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that the Messenger of Allah said: "It is not permissible for a woman to give a gift from her wealth, once her husband has marital authority over her." This is the wording of (one of the narrators) Muhammad. It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said: "When the Messenger of Allah conquered Makkah, he stood up to address (the people) and said in his Khutbah: 'It is not permissible for a woman to give (a gift) except with her husband's permission.'" It was narrated that 'Abdur-Rahman bin 'Alqamah Ath-Thaqafi said: "The delegation of Thaqif came to the Messenger of Allah, bringing a gift with them. He said: 'Is it a gift or charity?' If it was a gift it would be for the sake of the Messenger of Allah and to have their needs met, and if it was charity then it would be in the cause of Allah. They said: 'It is a gift.' So he accepted it from them, and sat with them, and they asked questions, until he prayed Zuhr with 'Asr." It was narrated from Abu Hurairah that the Messenger of Allah said: "I was thinking of not accepting gifts except from a Quraishi, an Ansari, a Thaqafi or a Dawsi." It was narrated from Anas that some meat was brought to the Messenger of Allah and he said: "What is this?" It was said: "It was given in charity to Barirah." He said: "It is charity for her and a gift for us."