34/3. Chapter:
Sunan an-Nasai 3744 — The Giver's Right Ends After the Gift
Mentioning The Different Reports From Az-Zuhri About It
When a Lifelong Gift Ends the Giver's Rights
Sunan an-Nasai : 3744
Sunan an-NasaiHadith Number 3744
أَخْبَرَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ جَابِرٍ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ " مَنْ أَعْمَرَ رَجُلاً عُمْرَى لَهُ وَلِعَقِبِهِ فَقَدْ قَطَعَ قَوْلُهُ حَقَّهُ وَهِيَ لِمَنْ أُعْمِرَ وَلِعَقِبِهِ " .
Jabir Narrated from:
I heard the Messenger of Allah say: 'Whoever gives a life-long gift to a man, it belongs to him and to his heirs; his words (when he gave the gift) put an end to his rights over it, and it belongs to the one to whom it was given on the basis of 'Umra, and to his heirs.'
Reference : Sunan an-Nasa'i 3744In-book reference : Book 34, Hadith 26English translation : Vol. 4, Book 34, Hadith 3775
Summary of Sunan an-Nasai Hadith 3744
This Hadith explains more than the basic ownership of an 'Umra. The Messenger of Allah says that when a person gives a lifelong gift to a man and his heirs, the giver's own words end his right over that property. The gift then belongs to the recipient and the recipient's heirs. The message is direct: the stated gift is not kept halfway between the giver and the recipient. By giving it in this form, the giver cuts off his own claim, while ownership rests with the person who received it. This is a clear Hadith about lifelong gift ownership, the giver's rights, and inheritance in Islam. The text supports careful speech when giving property because the words used create a real transfer. It does not discuss conditions beyond the form stated.
What we learn from this hadith
- The giver's words can end his right over the gifted property.
- The lifelong gift belongs to the recipient.
- The recipient's heirs are included in the ownership.
