Question
A man gifted all his assets – his house, furniture and whatever is in the house to his wife during his lifetime. Is the gift valid? What about the requirement of 'possession'? The husband continued living with his wife in the same house.
Answer
The wife in terms of the ruling of the Fuqaha is the custodian of her husband's assets. As such she has valid qabdhah (possession). Thus, when the husband makes a gift of his assets which are already in her possession, then her qabdhah will be valid. However, if the husband prevents her from using and disposing of the gifted assets, then her qabdhah will not be valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 24 No 08
- PDF page
- 5
Appears under THE SATANISM OF SOLOGAMY (approximate).