Gifting to one’s grandchildren and then revoking the gift

Question

Question: Zayd’s son ʿUmar passed away. After that Zayd orally gifted his share, which was due to him from his son’s estate, to his grandson and granddaughter, i.e. the son and daughter of the late ʿAmr, and also declared this before his relatives. Accordingly, on the basis of his gift, Zayd’s share was divided between ʿAmr’s son and then daughter, and each was given his share; some ten or eleven months have passed since then. Now Zayd demands: “Give me back my right.

Answer

In this case Zayd no longer has the right to revoke. [ar]فلو وهب لذي محرم منه نسبًا لا يرجع[/ar] “If he gifted to a relative who is his mahram by lineage (nasab), he does not revoke” (“al-Durr al-Mukhtar”, vol. 4, p. 518).

Source: Fatawa Mahmudiyya

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