Is it permissible for a father to register half of his house in the name of his second wife in exchange for giving his children one-tenth of their share, and is this gift religiously valid?
If a father wishes to register the house in his wife's name so that it becomes hers after his death, this is a bequest to an heir, which is considered forbidden or disliked by jurists and is not enforceable unless approved by the other heirs. However, if he wishes to register it in her name during his lifetime, this is a gift (hiba) and is valid if its conditions are met: that the wife takes possession of the house and disposes of it, and the husband removes his belongings from it. Some jurists may deem it impermissible for a husband to gift his wife their marital home or may stipulate that the house be free of the donor's belongings. Furthermore, he is not permitted to gift the house to some of his children to the exclusion of others, due to the obligation of justice among them. In case of disagreement, it is advisable to consult with scholars directly.
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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