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Text and translation
English translation
3738. Zakariyyâ bin Yahya informed us, he said: "Abdul-Jabbâr bin Al-'Alâ' narrated to us, he said: 'Sufyân narrated to us
from Ibn Abî Najîh, from Tâwûs, and perhaps it is from Ibn 'Abbâs, who said: There is no Ruqba, and whoever gives a gift on the basis of Ruqba, it is part of his estate.”
(Hasan)
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Footnotes
1
[1] A gift given, subject to the condition, that if the giver dies first, the gift will belong to the recipient, but if the recipient dies first, the gift reverts to the giver.
Commentary
'There is no Ruqba' means the prevalent form of Ruqba is not reliable or valid. Another meaning could be one should not practice Ruqba because it is not a good form of giving gifts. But if someone at all practices it, then the condition of 'returning' would be null and void or invalid. It would rather go down as inheritance to his heirs after his death (the recipient's death).