Taking possession (qabd) is a condition for a gift

Question

Question: A man gave his house to another as a gift, but the donor lives in that same house and has not removed his belongings from it. In such a case, is this gift valid or not? Kindly write the answer with references.

Answer

For a gift to become complete and final, taking possession (qabd) by the donee is necessary. In the case asked about, possession remained with the donor as before; therefore the gift has not become complete (tamm). This ruling is mentioned in all the books of fiqh: “al-Durr al-Mukhtar”, “Shami”, “‘Alamgiri”, “Khaniyya”, “Hidaya”, and others.

Source: Fatawa Mahmudiyya

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