The proposal, acceptance, and possession are required, or what takes the place of these according to those who deem it valid. The form of 'Umra (life-grant) is for a man to say: "I have granted you this house of mine for life," or "It is yours for my lifetime," or "as long as I live," or "for the duration of your life," or "as long as you live," or similar phrasing. It is called 'Umra because it is tied to life (al-'umr). As for Al-Ruqba (contingent-grant), it is for him to say: "I have granted you this house," or "it is yours for your lifetime, on the condition that if you die before me, it returns to me, and if I die before you, it is yours and your descendants'." It is as if he is saying: "It belongs to whoever among us dies last." Thus, it is called Ruqba (watching), because each of them watches for the death of the other. Both are permissible according to the opinion of most scholars. It was narrated from some that they are not valid because the Prophet, peace and blessings of Allah be upon him, said: "Do not grant 'Umra and do not grant Ruqba" (1). Our evidence is what Jabir narrated, saying: The Messenger of Allah, peace and blessings of Allah be upon him, said: "The 'Umra is permissible for those who receive it, and the Ruqba is permissible for those who receive it." Recorded by Abu Dawud and Al-Tirmidhi (2), who said it is a hassan (good) hadith. As for the prohibition, it was only mentioned to inform them that if they granted an 'Umra or a Ruqba, it would return to the grantor, and nothing of it would return to them. The context of the hadith points to this, for he (3) said: "Whoever grants an 'Umra, it belongs to the one to whom it was granted, for him in life and in death, and for his descendants." Even if the intent were the literal prohibition, it would not prevent its validity, for a prohibition only prevents the validity of what results in a benefit for the one forbidden, whereas if the validity of the forbidden act is a harm to the one committing it, it does not prevent its validity, such as divorce during the time of menstruation. The validity of 'Umra is a harm to the grantor, [for his ownership ceases] (4) without compensation. Once this is established...
(1) Recorded by Abu Dawud, in: The Chapter of One Who Said Concerning It: "And for his descendants," from the Book of Sales. Sunan Abi Dawud 2/264. And Al-Nasa'i, in: The Chapter of Mentioning the Differences in the Narrators' Wording..., from the Book of Al-'Umra. Al-Mujtaba 6/230. And Imam Ahmad, in: Al-Musnad 2/34, 73. (2) Recorded by Abu Dawud, in: The Chapter on Al-Ruqba, from the Book of Sales. Sunan Abi Dawud 2/365. And Al-Tirmidhi, in: The Chapter of What Came Concerning Al-Ruqba, from the Chapters of Rulings. 'Aridat al-Ahwadhi 6/101. And Al-Nasa'i, in: The Chapter of Mentioning the Differences in the Narrators' Wording of the Report of Jabir concerning 'Umra, from the Book of Al-'Umra. Al-Mujtaba 6/232. And Ibn Majah, in: The Chapter of Al-Ruqba, from the Book of Gifts. Sunan Ibn Majah 2/797. And Imam Ahmad, in: Al-Musnad 3/297, 303. (3) In manuscript M: "fa-inna" (for). (4) In the original: "fa-innahu yazulu mulkuhu" (for his ownership ceases).