Section: If one stipulates in an 'Umra grant that it is for the grantee and his descendants, this is a confirmation of its legal ruling, and it shall belong to the grantee and his heirs. This is the view of all who acknowledge it. If one makes it absolute (without conditions), it likewise belongs to the grantee and his heirs, because it is a transfer of the essence (raqaba), thus it resembles a gift. If he stipulates, "If you die, it returns to me," there are two narrations from Ahmad: The first is the validity of the contract and the condition; whenever the grantee dies, it returns to the grantor. This was stated by Al-Qasim ibn Muhammad, Zayd ibn Qusayt (17), Al-Zuhri, Malik, Abu Salama ibn 'Abd al-Rahman, Ibn Abi Dhi'b (18), Malik, Abu Thawr, and Dawud. It is also one of the two opinions of Al-Shafi'i, based on what Jabir narrated, saying: "The 'Umra which the Messenger of Allah, peace and blessings of Allah be upon him, permitted is to say: 'It is for you and your descendants.' As for when one says: 'It is for you as long as you live,' then it returns to its owner." This is agreed upon (19). Malik also narrated in his Al-Muwatta' (20), from Jabir, that the Messenger of Allah, peace and blessings of Allah be upon him, said: "Any man who grants an 'Umra for himself and his descendants, it belongs to the one to whom it was given; it does not return to the one who gave it." This is because he gave a gift upon which the laws of inheritance have taken effect. Al-Qasim ibn Muhammad said: "I have only known people to adhere to their conditions regarding their wealth." The second narration is that it belongs to the grantee and his heirs, and the condition is void. This is the view of Al-Shafi'i in his later school (al-jadid) and the view of Abu Hanifa. This is the apparent (zahir) position of the Madhhab; Ahmad explicitly stated it in the narration of Abu Talib, based on the absolute ahadith which we mentioned, and the statement of the Messenger of Allah, peace and blessings of Allah be upon him: "There is no Ruqba; whoever is granted a thing in this manner, it is his in his life and his death."
(17) In A and M: "Zayd". See: Al-Ikmal 7/339. (18) In the original: "Dhu'ayb". (19) Recorded by Muslim, in: The Chapter of 'Umra, from the Book of Gifts. Sahih Muslim 3/1246. It was also recorded by Abu Dawud, in: The Chapter of He Who Says regarding it: "And for his descendants", from the Book of Sales. Sunan Abi Dawud 2/264. And Imam Ahmad, in: Al-Musnad 3/294. We did not find it in Al-Bukhari: see Al-Irwa' 6/55 and Al-Lu'lu' wa al-Marjan 2/186. (20) In: The Chapter of Adjudication in 'Umra, from the Book of Judicial Decisions. Al-Muwatta' 2/756. It was also recorded by Muslim, in: The Chapter of 'Umra, from the Book of Gifts, Sahih Muslim 3/1245. And Abu Dawud, in: The Chapter of He Who Says regarding it: "And for his descendants", from the Book of Sales. Sunan Abi Dawud 2/264. And Al-Tirmidhi, in: The Chapter of What Was Said Concerning 'Umra, from the Chapters of Legal Rulings. 'Aridat al-Ahwadhi 6/99. And Al-Nasa'i, in: The Chapter of Mentioning the Disagreement over Al-Zuhri regarding it, from the Book of 'Umra. Al-Mujtaba 6/233. And Imam Ahmad, in: Al-Musnad 3/360, 399.
