Book 11: Business Transactions

Ibn ‘Umar told that when ‘Umar got some land in Khaibar he went it to the Prophet (ﷺ) and said, “Messenger of God, I have acquired land in Khaibar which I consider to be more valuable than any I have ever | acquired, so what do you command me to do with it?” He replied, “If you wish you may make the property an inalienable possession and give { its produce as sadaqa ” So ‘Umar gave it as sadaqa declaring that the property must not be sold, given away, or inherited, and he gave its produce as sadaqa to be devoted to the poor, relatives, the emancipation j of slaves, God’s path, travellers and guests, no sin being committed by the one who administers it if he eats something from it in a reasonable b manner or gives something to someone else to eat*, provided he is not storing up goods [for himself]. Ibn Sirin said, “Provided he is not acquiring capital for himself.” * This is a literal translation. It is used of him getting a reasonable return for his services, i | both for himself and for his family. (Bukhari and Muslim.)

Abu Huraira reported the Prophet (ﷺ) as saying, “Life-tenancy of a house is a gift.” (Bukhari and Muslim.)

Jabir reported the Prophet (ﷺ) as saying, “What is given in life-tenancy: is part of the inheritance of those who receive it.” Muslim transmitted it.

He reported God’s Messenger as saying, “If anyone has property [[given him for the use of himself and his descendants it belongs to the one to whom it is given and does not return to the one who gave it because he gave a gift which may be inherited.” (Bukhari and Muslim.)

He said that the life-tenancy which God’s Messenger allowed was (only that one should say, “It is for you and your descendants.” When he says, “It is yours as long as you live,” it returns to its owner. (Bukhari and Muslim.)