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Sunan Abi Dawud 3559 (Book 24, Hadith 144) #23849
Life-Tenancy and Property Rights

SUMMARY: Property given in life-tenancy belongs to the one to whom it is given, and should not be given to go to the survivor.

Narrated Zayd ibn Thabit: The Prophet said: If anyone gives something in life-tenancy, it belongs to the one to whom it is given, in his life and after his death; and do not give property to go to the survivor, for if anyone gives something to to to the survivor, it belongs to him.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ النُّفَيْلِيُّ، قَالَ قَرَأْتُ عَلَى مَعْقِلٍ عَنْ عَمْرِو بْنِ دِينَارٍ، عَنْ طَاوُسٍ، عَنْ حُجْرٍ، عَنْ زَيْدِ بْنِ ثَابِتٍ، قَالَ قَالَ رَسُولُ اللَّهِ ‏ "‏ مَنْ أَعْمَرَ شَيْئًا فَهُوَ لِمُعْمَرِهِ مَحْيَاهُ وَمَمَاتَهُ وَلاَ تُرْقِبُوا فَمَنْ أَرْقَبَ شَيئًا فَهُوَ سَبِيلُهُ

TOPICS
property  *  rights  *  lifetenancy

QUICK LESSONS:
Respect others’ wishes regarding ownership of properties ; honor agreements ; honor contracts ; uphold justice ; be fair ; be truthful ; be trustworthy .

EXPLANATIONS:
This hadith explains that when someone gives something in life-tenancy, it belongs only to the person who was given it. This means that if someone gives something away as a gift or loan during their lifetime, they cannot change their mind after they have passed away and give it instead to another person. The Prophet Muhammad (peace be upon him) also warned against giving property with instructions for it to go only to the survivor of two people. In this case, even if one of them passes away before the other one does, the property still belongs only to them and not anyone else. This hadith teaches us about respecting people's wishes regarding their own property rights even after they have passed away.

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