Is it a condition for a gift to be valid from a husband to his wife that the husband permanently or temporarily leave the house he gifted to his wife? If so, where would he live? Is it permissible for the wife to reside in the house her husband gifted to her? Is there a difference of opinion on this matter? What is the ruling on the husband living in his wife's house which she owns?
The husband's gift of his dwelling house to his wife is a matter of scholarly disagreement.
The Maliki and Hanafi schools hold that a woman's gift of her dwelling house to her husband is valid if she is residing in it, has belongings therein, and her husband is living with her. However, the Malikis believe that it is not permissible for a husband to gift his dwelling house to his wife, because residence is for the man.
As for the Shafi'is, they stipulate that the gifted house must be free of the belongings of anyone other than the donee for the gift to be valid.
It was reported from Abu Yusuf that it is not permissible for a man to gift a house to his wife, or for her to gift it to him, or to a stranger, while they are both residing in it.
Therefore, a husband's gift of his dwelling house to his wife is not valid if he continues to reside in it until his death, because this is considered a bequest, not a gift.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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