Section: If he stipulates a time for the gift other than 'Umra and Ruqba, such as if he says: "I have gifted this to you for a year," or "until the pilgrims arrive," or "until my child reaches maturity," or "for the duration of the life of such-and-such person," or anything similar, it is not valid. This is because it is a transfer of ownership of the corpus, and it is not valid to limit it by time, like a sale. It differs from 'Umra and Ruqba because a human only owns a thing for his lifetime, so when he grants it for his lifetime, he has stipulated it by what is inherently temporary, making it like an absolute [gift]. If he stipulates its return to him after that, it is a condition imposed on something that was not the subject of the gift, unlike the other case.

938 - Issue: He said: (And if he says: "Its residence is for you for your lifetime," he has the right to take it back whenever he likes; because residence (sukna) is not like 'Umra and Ruqba).

As for when he says: "The residence of this house is for you for your lifetime," or "Reside in it for your lifetime," or similar, it is not a binding contract. This is because, in reality, it is a gift of usufruct (mana'i'), and usufruct is only realized by the passing of time, bit by bit. Therefore, it is not binding except for the amount he has already taken possession of and utilized by residing in it. The resident (owner) may revoke it whenever he wishes, and if either of them dies, the permission is void. This is the opinion of most scholars and the group of those who issue fatwas, among them: Al-Sha'bi, Al-Nakha'i, Al-Thawri, Al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). A similar meaning was narrated from Hafsa. Al-Hasan, 'Ata', and Qatada said: It is like 'Umra; it belongs to him and his successors because it is in the meaning of 'Umra, so its ruling is established for it. It was narrated from Al-Sha'bi that if he says: "It is yours, reside until you die," then it is his during his life and death. And if he says: "Reside in this house of mine until you die," then it returns to its owner; because when he says: "It is yours," he has granted him its corpus, so it becomes an 'Umra. But when he says: "Reside in this house of mine," he has only granted me its benefit without its corpus, so it is a loan (ariya). Our argument is that this is a granting of usufruct, so it does not become binding like a loan. It differs from 'Umra, for that is a gift of the corpus. As for when he says: "This is yours, reside in it until you die," it implies: for you to reside in it until you die.