Another case of a gift of an undivided share (mushaʿ)

Question

Question: Zayd had no children by Hinda except one daughter, so, in order to see his life through (with someone to rely on), he made ‘Umar his son. As soon as ‘Umar came of age, he devoted himself to serving Zayd as was due. Pleased with this, Zayd gave ‘Umar as a gift half of his house, which he had bought with his own money. ‘Umar rebuilt it anew from his own income.

Answer

If the house is so large that, when divided in halves, both parts can be used, and yet Zayd, having divided it, did not give ‘Umar possession of the half, but rather Zayd went on living [in it] as owner as before, and ‘Umar too went on living there, then this gift of the half is defective (fasid) and not valid.

Source: Fatawa Mahmudiyya

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