A gift without taking possession, and a waqf for descendants

Question

Question: Four years before his death, Zayd gifted from his property one residential house of his, in which he himself and his dependants live or used to live, in the name of his daughter-in-law, that is, the wife of his younger son, and wrote a deed of gift in which it is stated: “Having made the gift, I have given (the house)

Answer

If the donor, after the gift, did not remove his possession from this house and did not move his belongings out of it, but rather, after the deed of gift, without vacating the house, immediately wrote a tenancy agreement, then according to the Shariʿa this gift has not taken effect, and the ownership of the donee (that is, the daughter-in-law)

Source: Fatawa Mahmudiyya

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