Hadith 225

39. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Khalid ibn Rafi’ al-Bajaliy who has narrated the following: “I once asked abu ‘Abd Allah (a. s. ), about the case of a man who has given a house to a man to live for the lifetime of the occupant of the house. When the owner dies, the heirs ask the occupant to leave the house; if they can do so. He (the Imam) said, ‘I see that the house must be appraised for a fair price as well as the one-third of the legacy of the deceased. If the one-third covers the price of the house, the heirs cannot ask the occupant to leave the house; but if the one-third of the legacy did not cover the price of the house, then they can ask him to leave. ’ It then was asked from him (the Imam), ‘What happens if the man who had permission to live in the house for his lifetime dies after the death of the owner of the house; if those whom he has left behind can live in that house. He (the Imam) said, ‘No, they cannot live in that house. ’”