Gift of an undivided share (mushaʿ)

Question

Question: In one house property, a right and share of 7/2 sahm (shares) belongs to ʿAbd al-Wahhab and of 5 sahm to Hajji ʿAbd al-Razzaq; the house was not divided between them, and throughout their lives the houses remained joint. Besides this, there is another house property owned and possessed by Hajji ʿAbd al-Razzaq.

Answer

A small closet which, once divided, no longer remains fit for use may validly be gifted in part even without division; but a large house which remains fit for use after division — a part of it may not validly be gifted without division. Gifting the property of another is also out of place.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.