Is the condition stipulating the husband's retrieval of his share of the house gifted to his wife in the event of divorce valid and binding, or is it void, and is the wife required to offer expiation for an oath (kaffarat yameen) for swearing to this condition?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed on the permissibility of making a gift conditional. Many of them held that it is not permissible, and the gift is valid while the condition is nullified. However, some, such as some Hanafis, Hanbalis, Shaykh al-Islam Ibn Taymiyyah, and Ibn al-Qayyim, chose to permit making a gift conditional, citing prophetic narrations as evidence. Accordingly, if the wife retracts the condition and requests a divorce, the husband is permitted to revoke the gift.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 20461
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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