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Sunan Abi Dawud 3556 (Book 24, Hadith 141) #23846
Inheritance Rights and Life-Tenancy

SUMMARY: The Prophet ﷺ warned against giving property to the survivor or life-tenancy, as it will go to the heirs instead.

Narrated Jabir ibn Abdullah: The Prophet said: Do not give property to go to the survivor and do not give life-tenancy. If anyone is given something to the survivor or given life-tenancy, it goes to his heirs.
حَدَّثَنَا إِسْحَاقُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا سُفْيَانُ، عَنِ ابْنِ جُرَيْجٍ، عَنْ عَطَاءٍ، عَنْ جَابِرٍ، أَنَّ النَّبِيَّ قَالَ ‏ "‏ لاَ تُرْقِبُوا وَلاَ تُعْمِرُوا فَمَنْ أُرْقِبَ شَيْئًا أَوْ أُعُمِرَهُ فَهُوَ لِوَرَثَتِهِ

TOPICS
inheritance  *  property  *  heirs  *  faraidh  *  mal  *  amaanah  *  lifetenancy

QUICK LESSONS:
Follow Islamic laws regarding inheritance and distribution of wealth .

EXPLANATIONS:
This hadith is about inheritance rights and life-tenancy. The Prophet Muhammad (peace be upon him) warned against giving property or life-tenancy to a survivor, as it will go to their heirs instead. This means that if someone passes away, their property should not be given away to another person but should rather be passed on to their legal heirs according to Islamic law. It is important for people who are leaving behind an estate or any kind of wealth that they make sure that it is distributed according to Islamic law so that everyone gets what they are entitled too. Furthermore, this hadith also warns against giving someone a life tenancy over something such as land or a house because once again this would mean that the legal heirs would not receive what was rightfully theirs after the death of the tenant.

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