Gifting land to one’s son and then taking it back

Question

Question: ʿUmar, out of the lands he owned, gifted one plot of land to his son Zayd in the presence of several witnesses, with the agreement: “As long as I live, keep giving me a quarter of its produce.” Zayd accepted this. On part of this plot he had some crop sown at his own expense, and on another part he had it ploughed with a view to future sowing. Within barely a month the father gave this plot to a stranger on sharecropping, and now he also wants to sell it to some buyer.

Answer

When the father gifted the plot of land to his son and, removing it from his own ownership and possession, gave it into the ownership and possession of the son, this gift became complete and effective. The condition that was stipulated is not valid either; the son is not bound to observe it, and the gift has not become fasid (vitiated) on account of this condition.

Source: Fatawa Mahmudiyya

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