🌍 Children, inheritance & global · #17

A husband wants to give the house to his first wife as a gift (hibah) during his lifetime. Is it valid?

Valid, if the pillars of hibah are met: giver, recipient, property and offer and acceptance, and the property is handed over (qabd) to the recipient, for example by transfer of the title. Once the hibah is complete, the house belongs to the wife and is not part of the husband's estate. A hibah made during a terminal illness (maradh al-maut), however, is treated like a bequest: limited to 1/3 and requiring the heirs' consent if the recipient is an heir. In polygyny, the husband must take care that a hibah does not become a means of wronging the other wives and children. A hibah made deliberately to deny heirs their rights is criticised by scholars even if outwardly valid. Disputes over hibah are decided by the Syariah Court.

Sources

Surah an-Nisa' 4:4Sahih al-Bukhari 2587

← PreviousHow much of one's property can be bequeathed?Next →A father gives a house to only one child: is it a sin?

Related questions

Is a widow entitled to live in her late husband's house during ʿiddah even if the house is part of the estate?According to the stronger view in the Shafi'i school, a widow is entitled to live in the house where she was living when her husband died…Do children of the second wife inherit as much as children of the first wife?Yes, all of a father's children have the same inheritance rights, regardless of who their mother is. Faraid looks at the child's relationship with…The wife has died: what share of her estate does the husband get?The husband receives 1/2 of his wife's estate if she leaves no children (or grandchildren through a son), and 1/4 if there are children…If a husband has four wives and dies, what is each wife's share of the estate?All the wives share equally in one portion only: 1/8 if the husband leaves children, or 1/4 if there are none. This…May someone gift all their property during their lifetime to one child so that it is not divided by faraid?A lifetime gift (hibah) is valid if it meets its conditions and is handed over, but using it to unjustly deny other…A father gives a house to only one child: is it a sin?The Prophet ﷺ commanded parents to be fair in giving gifts to their children. In the hadith of an-Nu'man bin Basyir, when…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer