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What is the ruling on registering an apartment, or half of it, in the name of a wife who has not given birth?

1 min readAlso available in العربية

If the intention behind writing the apartment to the wife is to transfer its ownership to her after death, then this is not permissible, because it is a bequest to an heir, as the Messenger of Allah, peace and blessings be upon him, said: "Indeed, Allah has given every rightful person his due, so there is no bequest for an heir."

However, if the intention is to transfer ownership to her during his lifetime, so that she can dispose of it by selling or gifting, then this gift is permissible in principle. Nevertheless, there is a difference of opinion among scholars regarding the validity of a man gifting his residential home to his wife. Some do not consider it valid, while others stipulate that the house must be free of belongings not belonging to the wife.

As for the case where the intention behind the gift is to deprive some heirs, this is not permissible.

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

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