Back to search
The question

Does the gift of usufruct of a house during the grantor's lifetime to the grantee, until the latter's death, require the consent of the heirs, especially if there are minors among them?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A gift () from someone legally competent to dispose of their property, and not made during a death illness, does not require the consent of the heirs. However, if the gift is from someone not legally competent to dispose of their property, or if it is made during a death illness, then it is treated like a bequest ().

As for a gift with a specified term, conditioned on the death of the donee (al-umra), the majority of jurists (Hanafis, Shafi'is, and Hanbalis) hold that it constitutes the transfer of ownership of the asset itself, and the donee and their heirs own it, never reverting to the donor. However, the Malikis view it as the transfer of usufruct (manfa'ah) and not the asset itself, and it returns to the donor upon the death of the donee.

If the gift is conditioned on the death of the donor, the Shafi'is, according to the more sound opinion, do not consider it valid.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
188218
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
Read the full answer on Ftawy