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Is it permissible for a husband to grant his wife ownership of his house via a "ruqba" (a type of life estate) by saying: "I grant you possession of this house such that if I die before you, it reverts to me, but if I die before you, it is yours and your descendants'," along with registering the house in the wife's name to guarantee this, and requesting a written acknowledgement from the wife's siblings renouncing their inheritance in the house should she die before her husband, given that the Sharia courts in Jordan do not uphold the ruqba?

1 min readAlso available in العربية

"Ruqba" (life-long grant) is when a man says: "If I die before you, it is yours; and if you die before me, it returns to me." Scholars have differed on its ruling. The Shafi'is, Hanbalis, and Abu Yusuf permit it, considering that it belongs to the one for whom it was granted and that the condition is void. They cite prophetic hadiths such as: "Whoever grants a life-long gift of something, it belongs to the grantee during his life and after his death, and do not make life-long grants, for whoever grants something for life, it is his way," and "Ruqba is permissible." On the other hand, Abu Hanifa and Muhammad consider it invalid because it conditions ownership upon a risk. This is also the view of the Malikis, who believe that the asset becomes a loan if the Ruqba is not valid. The most preponderant view is its permissibility and the annulment of the condition, and that it belongs to the one for whom it was granted.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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