A condition of return in a gift

Question

Question: (1) A matter is set out below; we would be grateful if it were answered according to the Shariʿa. The respected Mawlawi Khwaja Husayn, deceased. 1. Ahmad Sharif — son; 2. ʿAbd al-Nabi — son; 3. The respected Husayn — son; Imam Bibi — daughter. Husayn Bibi — widow, living; Mahbub Bibi — daughter, living.

Answer

The respected Mawlawi Khwaja Husayn gifted twenty acres of land to his daughter-in-law (the wife of his late elder son Ahmad Sharif) by putting it in her name, and gave her full possession (qabd) of it; this gift has become valid in the Shariʿa, and the widow has become its owner. The condition that the land be returned after death is of no account in the Shariʿa.

Source: Fatawa Mahmudiyya

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