Is a woman sinful for not returning the house that her adoptive aunt—after having cared for her—bequeathed to her, to the aunt's heirs after her death, knowing that the woman owns nothing else?
The validity of a gift requires that the donor not be in death sickness, and that the gifted item be possessed before her death. If these two conditions are met, then the house belongs to the donee and the heirs have no claim to it. However, if she gifted the house while suffering from a perilous illness, then the donee is entitled to only one-third of the estate, and the excess goes to the heirs. If the house was not possessed before her death, then the gift is incomplete, and the entire house belongs to the heirs, even if the donee was living in it with the donor, because the determining factor is the transfer of ownership, not residence. The heirs' right to claim their share is established even if one of them dies before receiving their portion.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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