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What is the ruling on taking gifted furniture before the death of the donor, if it was not transferred to the donee until after the death, and what is the ruling on disposing of a coat belonging to the deceased by giving it to one of the heirs based on the intention of the deceased without a written will, and is the deceased's desire to distribute her clothes and personal furniture to charities considered a legitimate will despite the absence of a written will?

1 min readAlso available in العربية

If the donor dies before the gift is taken possession of, scholars have differed: some are of the view that the gift becomes void, while others hold that the heirs stand in the place of the donor regarding permission for possession or annulment. Based on this, taking possession of the furniture after the aunt's death is not considered valid except with the heirs' permission, according to the second opinion, or there is no right to it whatsoever, according to the first opinion. As for the fur coat, it must be returned to the estate, and the person who was given it must be informed to return it. As for the deceased's will to distribute clothes or furniture to the poor, it is considered a legitimate will that must be executed within the limit of one-third if it fulfills the legal conditions, such as witnessing or explicit verbal declaration. Mere intention is not sufficient for a will; rather, it requires an explicit formula or an implicit expression with intention, and writing is considered an implicit expression. It is preferable that it be written.

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

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