The Donor’s Children Taking Back a Gift from the Recipient’s Children and Giving It to the Mosque

Question

Zayd, ʿAmr and Bakr gave Khalid and ʿAmr, as a gift, some land together with the trees that were standing on that land at the time and still stand; on that land there are also the graveyards of Khalid and others. Now the children of Zayd, ʿAmr, Bakr and others want to take the trees by force from the children of Khalid and others, sell them and put that money into the mosque’s expenses. Is it permissible to spend this money on the mosque or not?

Answer

If that land and the trees were given as a gift (hiba) in the proper manner and the recipient was put in possession (qabd), then according to the Shariʿa this gift became complete. Now, after the death of the donor and the recipient, the children have no Sharʿi right to revoke it, nor is it correct according to the Shariʿa to spend such money.

Source: Fatawa Mahmudiyya

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