Gift of an undivided share (mushaʿ)

Question

Question: Latif al-Nisa’, the wife of the late (marhum al-maghfur) respected Qadi Muhammad Rizqullah, during her lifetime, while in full possession of her faculties (lit. “with her five senses intact”), in the presence of several persons trusted by the community and of her relatives, made the following settlement with her stepson, the respected Muhammad Sana’ullah: “The inheritance that reaches me from your father by way of the one-eighth share, and my dower (mahr) that is due (wajib)

Answer

In the case asked about, this is a contract of gift (hiba). A gift of something divided (maqsum) is completed by taking possession (qabd). So if the share of the parties was set apart by division and came into their possession, then this gift is valid and complete (sahih wa tamm).

Source: Fatawa Mahmudiyya

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