89 - Chapter on Ruqbā (conditional gift of property)

3558 - Ahmad ibn Hanbal narrated to us, Hushaym narrated to us, Dawud informed us, from Abu al-Zubayr, from Jabir, who said: The Messenger of Allah, peace and blessings be upon him, said: "The 'Umrā (lifetime gift) is valid for its recipients, and the Ruqbā is valid for its recipients."(1)

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= Recorded by Ahmad (14197) from Yahya al-Qattan and Rawh ibn 'Ubadah from Sufyan al-Thawri. Ibn 'Adi said regarding Mu'awiyah ibn Hisham: He was unique in transmitting certain things from al-Thawri, and I hope there is no harm in him.

As for Habib ibn Abi Thabit, what is preserved from him is that he narrated it from Humayd al-Kindi, from Jabir, as recorded by Ibn Abi Shaybah 10/167, and al-Tahawi 4/93 from Yahya ibn Zakariyya ibn Abi Za'idah, from his father, from Habib ibn Abi Thabit, from Humayd al-Kindi, from Jabir. We say: Its chain to Habib is authentic. As for Humayd al-Kindi, Ibn Abi Hatim mentioned him in "al-Jarh wa al-Ta'dil" 3/232 and remained silent about him.

It was also recorded by Ibn Abi Shaybah 10/183, and al-Bayhaqi 6/174 from Mu'awiyah ibn Hisham, with this chain.

And 'Abd al-Razzaq recorded (16886), and through his route Muslim (1625), and al-Bayhaqi 6/173 from Ibn Jurayj, from Abu al-Zubayr, from Jabir, who said: A woman in Medina gave her son a lifetime grant of a walled garden she owned. Then he died, and she died after him, and he had brothers who were the sons of the female grantor. The sons of the female grantor said: "The garden has returned to us." The sons of the male grantee said: "Rather, it belonged to our father during his life and after his death." They brought their dispute to Tariq, the freed slave of 'Uthman. He summoned Jabir, who testified on the authority of the Prophet, peace and blessings be upon him, that the 'Umrā belongs to its recipient. He ruled accordingly, then wrote to 'Abd al-Malik: "Jabir spoke the truth." And Tariq confirmed it, and that garden remained with the sons of the male grantee until this day.

And al-Shafi'i recorded 2/169, Ibn Abi Shaybah 7/137, Ahmad (15077), Muslim (1625), Abu Ya'la (1835), al-Tahawi 1/91, and al-Bayhaqi 6/173-174 via the route of Sufyan ibn 'Uyaynah, from 'Amr ibn Dinar, from Sulayman ibn Yasar: That Tariq was a governor in Medina, and he ruled in favor of the heir regarding the 'Umrā based on the statement of Jabir ibn 'Abdullah from the Prophet, peace and blessings be upon him.

And see what preceded under numbers (3550 - 3556).

(1) Its chain is authentic. Abu al-Zubayr — who is Muhammad ibn Muslim ibn Tadrus al-Makki — explicitly stated that he heard it from Jabir in al-Nasa'i (3735) and (3736). Dawud: he is Ibn Abi Hind, and Hushaym: he is Ibn Bashir al-Wasiti.