Restricted Properties.

Rule (1207) One can lawfully reserve his property to be restrictedly used for a certain cause for which endowing is also lawful, the profits are used for the cause and he still is the owner. If the owner intends to seek thereby nearness to Allah and his reservation is unconditional or is conditional with perpetually such assigning becomes binding as long as the substance exists and the owner is not permitted to reverse it, if it is for a limited time it cannot be reversed until the end of such time as soon as the time is over the property is free. If one says that my horse is only for transporting Hajis, it is binding as long as the horse exists but if he says," only for twenty years," it is binding only for that time.

Rule (1208) A large group of scholars has said the assigning for restricted use is not valid without possession and this is not free from objection, in fact, apparently, it is valid without possession but possession is a condition for it to become binding, thus, the owner before giving possession can reverse the assignment.

Rule (1209) If the owner reserves his property for the exclusive use of a person if he sets a time limit like a year or ten years or for the whole lifetime of the beneficiary, it is binding and effective throughout the period and after this it returns to his ownership. If owner dies before the time ends the property remains reserved until the time ends after which it returns as legacy. If it is reserved for the lifetime of the owner he is not permitted to reverse it in his lifetime and after him it is his legacy. If a property is held in reserve for someone with no mention of time limit there are two views about it; that it is binding and effective until the death of owner only after which it becomes part of the legacy or that owner can reverse it anytime; the second view is more probable to be valid.

Rule (1210) Similar to the above-mentioned way of holding in reserve some property for a certain use is when it is a (a) -Sukna - house for residing or (b) some property in general, and if the time limit is for the lifetime of the user it is called lifetime benefiting (1) - 'umra - and if the time is only (2) - ruqba - to an appointed time it is called held in reserve for a certain use for an appointed time.

Rule (1211) Apparently, possession is not a condition for its validity, in fact, it makes the contract binding as mentioned before.

Rule (1212) If one allows the beneficiary to live in the house for a certain time, say ten years or for the lifetime of either party the owner or beneficiary it cannot be reversed before such time and as soon as the time ends the property returns to his ownership or to his heirs.

Rule (1213) If one says," I let you and those after you live in this house," he can not reverse it as long as they exist and when they all cease the property returns to the owner.

Rule (1214) If one says," I let you live in this house as long as I live but the resident dies before the owner if it was for him and his dependents as the nature of general statement indicates the house after his death returns to the owner, if it is before the death of the latter, with some objection if the intention is to transfer the ownership by means of letting him to live in it the house goes to his heirs as long as the owner is living when the owner also dies the property is transferred from the heirs of the beneficiary to the heirs of the owner, the same rule applies if the beneficiary is allowed to reside for an appointed time and he dies within that time.

Rule (1215) If he lets the beneficiary to reside for life by saying, "I let you reside in the house for life and the owner dies before the resident, it is not permissible for the heirs of the owner to prevent the beneficiary from residing, he can reside for life.

Rule (1216) If one is allowed to reside in a house without any mention of time limit, it is valid and it becomes binding with taking possession and it is necessary for the owner to let him reside, for a time and then he can reverse the contract any time, but this does not apply to the case in which time limit is mentioned either (a) life time or (b) an appointed time and in the above case none of such time limits exist.

Rule (1217) A general statement of letting the beneficiary to reside in a house as mentioned before requires that the beneficiary, his subordinates, his children, servants, guests, animals if there is place for them, and his such belongings that are commonly owned by people of his class, but he cannot rent it or allow others to use it for sometimes if he rents and the owner allows it whether such renting deal is valid or could the rent go to beneficiary is objectionable.

Rule (1218) Apparently all three forms of letting beneficiary to reside in a house is of the form of contracts that require an offer and acceptance and just like other contracts the necessary conditions must exist in order for it to be valid (see chapter on selling and buying contract). In the case of holding some property in reserve for the use of a certain person, apparently, if it is for a person, acceptance is needed but if it is for spending for a certain cause, acceptance is not required.