Back to search

To whom does the land legally relinquished belong: to the sister to whom the paternal uncle officially relinquished it before the judge, or to the sister for whom the paternal uncle designated the land by his statement several months before his death?

1 min readAlso available in العربية

A gift becomes binding upon possession, and it is forbidden to revoke it thereafter, based on the hadith: "The one who revokes his gift is like a dog that vomits and then returns to its vomit."

If the nieces have taken possession of the lands, the gift becomes binding on the uncle and he is not permitted to revoke it. However, if they have not taken possession, the uncle is allowed to revoke it.

Waiver in court is not considered possession unless the ownership deed has been transferred.

If the uncle dies before the nieces take possession of the lands, there is a difference of opinion among scholars regarding the invalidation of the gift. The Hanafis, Malikis, and some Hanbalis hold that it becomes void, while the Shafi'is and some Hanbalis are of the view that it does not become void, and the heirs take the place of the donor in granting permission or revoking it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy