The Majlis Archive
Finance - Banking - Business The Majlis Vol 24 No 08, p.5

A man gifted all his assets - his house, furniture and whatever is in the house to his wife during his lifetime.

Question

A man gifted all his assets - his house, furniture and whatever is in the house to his wife during his lifetime. Is the gift valid? What about the requirement of 'possession'? The husband continued living with his wife in the same house.

Answer

The wife in terms of the ruling of the Fuqaha is the custodian of her husband's assets. As such she has valid qabdhah (possession). Thus, when the husband makes a gift of his assets which are already in her possession, then her qabdhah will be valid. However, if the husband prevents her from using and disposing of the gifted assets, then her qabdhah will not be valid.

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The Majlis Vol 24 No 08
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5

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Appears under THE SATANISM OF SOLOGAMY. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.

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