Collecting rent before the sale

Question

Question: In 1938 Hinda made her house over as a gift (hiba) in Zayd’s name, had it registered and handed it over to him, and Zayd began living in the house. Then, twenty years later, that is in 1958, Hinda, having become displeased with Zayd, had the gift deed for the gifted house cancelled and had it registered in the name of the mosque. In 1964 Zayd came and sold the house in Harith’s name for one thousand rupees. On hearing the circumstances of this sale, the mutawalli (trustee)

Answer

When Hinda gave the house as a gift to her son Zayd and, having it registered, handed it over to him — that is, she ended her own possession (qabd) and put her son in possession — that gift (hiba) became fully complete and the house came into Zayd’s ownership.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.