English translation
1351. Jābir narrated that the Messenger of Allāh ﷺ said: "The lifelong gift is permitted for its inhabitant, and the Ruqbā is permitted for its inhabitant." (Sahih) [Abū 'Eisā said:] This Hadīth is Hasan. Some of them reported it from Abū Az-Zubair [with this chain] from Jābir in Mawqūf form [not Marfū]. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. (They say) Ar-Ruqbā is permitted just like the lifelong gift is permitted. This is the view of Ahmad and Ishāq. Some of the people of knowledge among the people of Al-Kufah distinguished between the lifelong gift and Ar-Ruqbā; they allowed the lifelong gift but they did not allow Ar-Ruqbā. [Abū 'Eisā said:] The explanation be included in the inheritance.” (Ṣaḥīḥ) [Abū ‘Eisā said:] This Ḥadīth is [Hasan] Ṣaḥīḥ. This is how it was reported from Ma’mar and others from Az-Zuhri, similar to the narration of Mālik (a narrator in the chain of this Ḥadīth). Some of them reported it from Az-Zuhri, without mentioning “and his offspring” in it. [And this Ḥadīth has been reported through more than one route from Jābir from the Prophet ﷺ who said: “The lifelong gift is permitted for its inhabitant.” And it does not contain: “and his offspring.” This Ḥadīth is Hasan Ṣaḥīḥ.] This is acted upon according to some of the people of knowledge. They said that when he says: “It is for you as long as you live, and for your offspring.” Then it is his for life, it does not return to the first person. When he does not say: “For your offspring” then it returns to the first person when the one to whom it was given to dies. This is the view of Mālik bin Anas and Ash-Shāfi‘i. It has been reported through more than one route that the Prophet ﷺ said: “The lifelong gift is permitted for its inhabitant” and this is acted upon according to some of the people of knowledge, in that they said: “When the one it was given to dies, then it is an inheritance of his, even if it was not allotted for his offspring.” This is the view of Sufyān Ath-Thawri, Aḥmad, and Ishāq. held the view according to what is reported by Ibn 'Umar from the Prophet ﷺ, and this is the saying of the people of Al-Madinah, and it is the view of Mālik bin Anas, Ash-Shāfi'i, Ahmad, and Ishāq.