Ruqba (a 'life-estate' in which each party watches for the other's death): its meaning, its relation to the umra and the gift, and the schools' views

الرقبى

Ruqba in the lexicon comes from watching; one says: I grant you this house as a ruqba: if I die first it returns to me, and if you die first it is yours and your heirs'. For the Malikis each says to the other: if I die first your house is mine, and if you die first mine is yours. ¹ It is close to the 'umra, to gift, to loan and to the milk-ewe. ^{1 2} It was known in the pre-Islamic period. ² The Shafi'is, Hanbalis and Abu Yusuf hold it valid, and the condition of return void. ² Abu Hanifa and Muhammad hold it void, as the making of ownership hangs on a doubtful event; the Malikis treat it as a loan. ^{2 3}