رُقْبَى
Root: رقب
Full Definition
رُقْبَى
One's giving to another person a possession, such as a house, and land, and the like, on the condition that, whichever of them shall die, the property shall revert to his [the giver's] heirs: so called because each of them looks for (يَرْقُبُ) the death of the other: or one's assigning it, namely, a dwelling, to another person to inhabit, and, when he shall die, to another: or one's saying to a man, If thou die before me, my dwelling [or my land, which I give to thee,] shall revert to me; and if I die before thee, it shall be thine: so called for the reason above mentioned. [It also signifies The property so given.] See 4, in three places. The act thus termed is forbidden in a trad., which pronounces that the property so given belongs to the giver's heirs. Accord. to the Imám Aboo-Haneefeh, and [the Imám] Mohammad, it is not a هِبَة: accord. to Aboo-Yoosuf, it is a هِبَة like the عُمْرَى; but none of the lawyers of El- 'Irák says so: the Málikees absolutely forbid it. You say, دَارِى لَكَ رُقْبَى [My house is thine as a
رقبى]: from المُرَاقَبَةُ; because each of the two persons looks for the death of the other.
Lane's Lexicon
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Hans Wehr
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Mufradat
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