The well-known view in the Hanbali school, transmitted from Imam Ahmad, is that the condition is void, the gift becomes binding, and its ownership is perpetual.
The contested stipulation of taking the gift back does not apply to property granted only for the lifetime of one of the parties, for such a grant—by consensus—has the ruling of an ʿāriyah (gratuitous loan of use).
Points derived from the ḥadīth
- The ʿumrā gift is valid. It was a pre-Islamic form of donation that Islam approved and refined by forbidding the donor to reclaim it, because doing so is base and repugnant.
- The property passes to the donee and, after him, to his descendants, whether the wording is perpetual or unrestricted. If the donor stipulates a right of return, the scholarly disagreement cited earlier applies.
- If the gift is limited to a lifetime—such as, “It is yours as long as you live,” or, “for as long as I live”—it takes the ruling of an ʿāriyah.
- Invalid conditions are not binding in a contract, even if one party assumes they are effective and to his advantage. Nevertheless, the jurists state that the buyer retains the option either to complete the sale or to rescind it when he had imagined the contract included a benefit that in fact it did not.
Chapter on Luqaṭa (Lost Property)
Luqaṭa (with ḍamma on the lām and fatḥa on the qāf) is property that has strayed from its owner and is picked up by someone else. Such finds fall into three categories:
- Trifling items beneath the concern of ordinary people—like a whip or a loaf of bread. These become the finder’s property on the spot and need not be announced.
- Items it is forbidden to pick up: animals that can protect themselves from lesser predators, either by speed—such as gazelles—or by strength and endurance—such as camels and cattle. Taking these is prohibited.
- Everything else. It is permissible to pick these up with the aim of safeguarding them for their owner, and the following rulings apply.
First Ḥadīth
Zayd ibn Khālid al-Juhani (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) was asked about lost gold or silver. He replied, “Identify its string and its container, then announce it for a year. If no one comes forward, use it, but keep its value with you as a trust; should its owner appear one day, give it to him.”
He was then asked about a stray camel, and he said, “What concern have you with it? Leave it, for it has its feet and its water-skin with it; it goes to water and eats from the trees until its owner finds it.”