Azami 6029

Bukhari narrated it in the Book of Gifts (2626), and Muslim in the Book of Gifts (1626), both from the hadith of Qatada, who said, Nadr bin Anas told me, from Bashir bin Nuhayk, from Abu Hurairah, and he related it.Bukhari said, And Ataa said, Jabir told me, from the Prophet ﷺ, something similar.I say, Muslim connected it as mentioned before.The legal ruling of this chapter, a lifetime gift is permissible. This is when a man says to another, "I grant you this house for your lifetime," or "I have made it yours for your lifetime," and the other accepts. It is then like an ordinary gift once he takes possession of it, and when he dies it is inherited from him, whether the giver said "it goes to your descendants after you" or "to your heirs," or said nothing of the sort. This is the view of the majority of scholars, including Abu Hanifa, Shafii, Ahmad, and Ishaq, and it is also the position of Ibn Umar, Zayd bin Thabit, and many of the Followers.Abu Ubayd said in Ghareeb al-Hadith (2/78), These narrations are a foundation for anyone who gives a gift and attaches to it an invalid condition, such as a man giving another a slave-girl on condition that she not be sold or given away, or on condition that he take her as a concubine, or on condition that if he wishes to sell her the original giver has first right to her. He said, This and similar conditions are all invalid.The second view on this matter follows after it.