A gift with a condition

Question

Question: Zayd and ʿUmar are friends and have close relations. Zayd said to ʿUmar, “Gift me such-and-such a thing.” ʿUmar did so on the condition: “You may not take it home from here; we will both use it, but the ownership is yours,” and gave possession. Now, after several years, Zayd wants to take the thing home or somewhere else, and ʿUmar will be entirely deprived of benefiting from it.

Answer

(1) The gift is valid and the condition is void (batil). Taking it back is makruh tahrimi. If the payment of money is proven, then demanding its return is entirely impermissible and contrary to the Shariʿa. [ar]قال أصحابنا جميعا: إذا وهب هبة وشرط فيها شرطا فاسدا فالهبة جائزة والشرط باطل[/ar] “All our scholars (ashabuna)

Source: Fatawa Mahmudiyya

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