Back to search
The question

Is it permissible for the wife to gift her husband her share of the house they own jointly, or part of it, after her death, with the remainder of her estate being divided according to Islamic law?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A wife's gift of her share of the house to her husband after her death is not valid because a gift contingent upon death is considered a bequest (waṣiyyah), and a bequest to an heir is not valid unless all the heirs approve it after the death of the testator. This is based on the Prophet's (peace be upon him) saying: "There is no bequest for an heir."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
192284
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy