Is it permissible for a woman to retract her gift of agricultural land, inherited from her father, to her brothers, especially since the land has not yet been divided and is still registered in the father's name?
The permissibility of a woman retracting a gift depends on the occurrence of possession (qabd). If the land has not yet been taken possession of (ḥāz), then she may retract it. However, if the donees have taken possession of it (qabaḍahā) and acquired it (ḥāzūhā), then she may not retract it. The method of taking possession of an undivided gifted share (al-hiba al-mushā‘ah) is a matter of scholarly disagreement. The Shāfi‘īs and Ḥanbalīs are of the view that possession of an undivided share occurs by taking possession of the whole. In contrast, the Mālikīs are of the view that it occurs by taking control over it (waḍ‘ al-yad ‘alayhā) just as its owner had control over it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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