Mujahid said: Ruqba is for one to say, "It is for whichever of us dies last." Imam Ahmad (21) narrated, with his chain of transmission, from the Prophet, peace and blessings of Allah be upon him, that he said: "There is no 'Umra and no Ruqba; whoever is granted an 'Umra or a Ruqba, it is his during his life and his death." This is explicit in nullifying the condition, because in Ruqba it is stipulated that it should return to the grantor if the other person dies before him. As for the hadith they cite as evidence, it is from the words of Jabir himself, but as for his transmission of the wording of the Prophet, peace and blessings of Allah be upon him, he said: "Keep your wealth to yourselves and do not spoil it, for whoever grants an 'Umra, it is for the one to whom it was granted, alive and dead, and for his descendants." And because if we were to permit this condition, it would be a temporary gift, and gifts may not be subject to a time limit (22); nor does the condition invalidate it, because it is not a condition imposed upon the grantee, rather it is a condition imposed upon his heirs, and when the condition is not with the contracting party, it has no effect upon him. As for his statement in the other hadith: "He gave a gift upon which the laws of inheritance have taken effect," this addition is from the speech of Abu Salama ibn 'Abd al-Rahman. Ibn Abi Dhi'b (23) narrated it likewise, and he detailed this addition, saying regarding the Prophet, peace and blessings of Allah be upon him, that he adjudicated in the case of one who was granted an 'Umra for himself and his descendants, that it is his definitively (batlatan) (24); it is not permissible for the grantor to include in it a condition or a reservation (mathnawiyya) (25). Abu Salama said: "Because he gave a gift upon which the laws of inheritance have taken effect."

Section: Ruqba is for one to say: "This is for you for your life; if you die before me, it returns to me, and if I die before you, it is yours." Its meaning is that it is for the one of us who dies last. Mujahid interpreted it as such. It is called Ruqba because each of them watches (yarqub) for the death of the other. It has been narrated from Ahmad that he said: It is for one to say: "It is for you for your life, and when you die, it is for so-and-so, or it returns to me." The ruling regarding it is according to what has been previously