Is it permissible for the paternal aunt to retract the gift of real estate and lands that she bequeathed to her brother, his sons, and his daughters, after her brother's death, knowing that the father had taken possession of some of what was gifted to him, while a part of it still remains in the name of the giver?
Such a case falls under disputes handled by courts. Generally, if the donee takes possession of the gift, the donor does not have the right to revoke it. However, if the revocation occurs before possession and acquisition, scholars have differed on its ruling. The Hanafis and Shafi'is permit revocation, while the Malikis and some Hanbalis believe that the gift becomes owned upon acceptance or by contract. We are of the opinion that the donor has the right to revoke the gift before the donee takes possession and acquires it. As for the possession of real estate, it is achieved by vacating it and enabling the donee to dispose of it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 164502
- 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
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