Azami 6033

Narrated by Nasai (3734) - and the wording is his - and Ahmad (4801), both from the hadith of Waki, from Yazid bin Ziyad bin Abu Jaad, from Habib bin Abu Thabit, "I heard Ibn Umar," and he mentioned it.This is how Habib bin Abu Thabit says, "I heard Ibn Umar," in the narration of Nasai, which refutes those who claimed he did not hear from Ibn Umar. This is what Nasai himself narrated (3732), along with Ibn Majah (2382), Ahmad (4906), and Ibn Jarud (990), all of them from Abdul-Razzaq (16920), who said, Ibn Jurayj informed us, saying, Ata informed me, from Habib bin Abu Thabit, from Ibn Umar, that the Messenger of Allah ﷺ said, "There is to be no lifelong gift and no survivorship gift. Whoever gives something as a lifelong gift or a survivorship gift, it belongs to him during his life and after his death."He said, "The survivorship gift is that he says, 'It belongs to whichever of us dies last, whether it be me or you.' The lifelong gift is that he grants it for his lifetime by making it his for as long as he lives. I said to Habib, 'But Ata told me, on your authority, something about the survivorship gift.' He said, 'I did not hear anything from Ibn Umar about the survivorship gift, and I only heard this one hadith from him, about the lifelong gift. I did not tell Ata anything about the survivorship gift.'" Ata said, "If someone gives something for a year or two, naming the period, that is a loan-gift he is granting him, not a lifelong gift."The wording given is from Musannaf Abdul-Razzaq. Most of the others narrated it in abridged form, and this led to some distortion.Then Nasai (3733) narrated it through another route, from Ata, from Habib bin Abu Thabit, from Ibn Umar, though he did not hear it from him directly, he said, the Messenger of Allah ﷺ said, "There is no lifelong gift and no survivorship gift. Whoever gives something as a lifelong gift or a survivorship gift, it belongs to him during his life and after his death." Ata said, "It belongs to whichever of them outlives the other." End of narration.Here it denies that Habib heard from Ibn Umar, but the correct view is that he did hear the hadith prohibiting the survivorship gift, as mentioned earlier, though perhaps he did not hear the hadith about the lifelong gift.As for Daraqutni, he held that it is a mawquf report. He was asked about this hadith, and he said, "Ata bin Abu Rabah narrates it, from Habib bin Abu Thabit, from Ibn Umar, attributing it to the Prophet. Yazid bin Ziyad bin Abu Jaad narrated it, from Habib, from Ibn Umar, attributing it to the Prophet, regarding the survivorship gift but not the lifelong gift. It was also narrated from Masaar, from Habib, regarding the lifelong gift but not the survivorship gift, likewise attributing it to the Prophet. It was narrated from Ayub Sakhtiyani, Amr bin Dinar, and Kamil bin Ala, from Habib, as Habib's own words rather than attributed to the Prophet. The version stopping at him is more likely correct." (Ilal 12/431).