Once this is established, 'Umra transfers ownership to the recipient. This is the position of Jabir ibn 'Abd Allah, Ibn 'Umar, Ibn 'Abbas, Shurayh, Mujahid, Tawus, Al-Thawri, Al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y). It has also been narrated from 'Ali. Malik and Al-Layth stated: 'Umra is a transfer of usufruct (manafi'); the essence of the granted item (raqaba) is not transferred to the recipient under any circumstances. The recipient has the right of residence, and when he dies, it returns to the grantor. If he says: "It is for him and his descendants," then the residence is for them, and when they cease to exist, it returns to the grantor. They both argued using what Yahya ibn Sa'id narrated from 'Abd al-Rahman ibn al-Qasim, who said: I heard Makhul asking Al-Qasim ibn Muhammad about 'Umra: "What do people say about it?" Al-Qasim replied: "I have only known people to adhere to their conditions regarding their wealth and what they give." Ibrahim ibn Ishaq al-Harbi narrated from Ibn al-A'rabi: "The Arabs did not differ regarding 'Umra, Ruqba, Ifqar (loan of an animal), Ikhbal (giving a beast for usufruct), Minha (giving a milking animal), 'Ariyya (gift of fruit on a tree), 'Ariyya (loan of items), Sukna (residence), and Itraq (loaning a stallion), that they remain under the ownership of their owners, while their usufruct belongs to the one to whom they were given." Furthermore, they argued that ownership cannot be time-bound, just as if one were to sell it for a specific duration; thus, since it cannot be time-bound, his statement is construed as the transfer of usufruct because the timing of usufruct is valid. Our evidence is what Jabir narrated, saying: The Prophet, peace and blessings of Allah be upon him, said: "Retain your wealth for yourselves and do not spoil it, for 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." Recorded by Muslim (8). In another wording: "The Messenger of Allah, peace and blessings of Allah be upon him, decreed 'Umra to be for the one to whom it was gifted." Agreed upon (9).
(5) Al-Ifqar: That a man gives another his mount so he may ride it as he likes during travel or while present, then returns it to him.
(6) Al-Ikhbal: That a man gives another a camel or a she-camel to ride, shear its wool, and benefit from it, then returns it.
(7) In the original: "Al-Manhara". Al-Minha: Meaning a man grants his brother a she-camel or a sheep so he may milk it for a year, or less, or more.
(8) Recorded by Muslim, in: The Chapter of 'Umra, from the Book of Gifts. Sahih Muslim 3/1246, 1247. And Abu Dawud, in: The Chapter on Al-Ruqba, from the Book of Sales. Sunan Abi Dawud 2/265. 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 6/231. And Ibn Majah, in: The Chapter of 'Umra, from the Book of Rulings. Sunan Ibn Majah 2/796. And Imam Ahmad, in: Al-Musnad 3/312, 386.
(9) Recorded by Al-Bukhari, in: The Chapter of What Was Said Concerning 'Umra..., from the Book of Gifts: Sahih Al-Bukhari 3/216. And 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 on 'Umra, from the Book of Sales. Sunan Abi Dawud 2/263. And Al-Nasa'i, in: The Chapter of Mentioning the Differences of Yahya ibn Abi Kathir..., from the Book of Al-'Umra. Al-Mujtaba 6/234. And Imam Ahmad, in: Al-Musnad 3/304, 393.
