Ruling on Objection After a Valid Gift: Claiming Share in a House
Reference: Fatāwā Rashidiyyah, Page 555
❖ The Question
Ḥājī ʿAbd al-Ḥaqq passed away, leaving five daughters.
- During his lifetime, he gave three daughters land and gold equally.
- The remaining two daughters were given a house as a gift (hiba).
- At that time, the three sisters raised no objection.
- Later, those two daughters sold the house to Fayḍ Muḥammad, who took possession and has lived there for about ten years.
Now, one of the three sisters claims that she deserves a share in that house.
What is the Sharʿī ruling?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
The gift and division carried out by ʿAbd al-Ḥaqq in his lifetime was valid and lawful:
◈ Three daughters received land and gold equally.
◈ The other two daughters received the house.
This was a just and fair distribution. Hence, ownership of the house belonged exclusively to the two daughters to whom it was gifted.
They had full Sharʿī right to sell it, and since the sale was concluded, possession delivered, and no objection raised for ten years, no claim remains valid now.
✔ Evidence from Aḥādīth
1. Returning a gift is prohibited
((العائد فى هبته كالكلب يقئى ثم يعود فى قيئه))
“Whoever takes back his gift is like a dog that vomits and then returns to eat it.”
— Ṣaḥīḥ al-Bukhārī, Kitāb al-Hibah, Bāb 30; Ṣaḥīḥ Muslim, Kitāb al-Hibāt
2. Exception only for a father with his child
((لا يحل للرجل أن يعطى العطية ثم يرجع فيها إلا والد فيما يعطى ولد))
“It is not lawful for a man to give a gift and then take it back, except for a father in what he gives his child.”
— Musnad Aḥmad, vol. 1, p. 237, ḥadīth 2123
✿ Conclusion
- ʿAbd al-Ḥaqq’s lifetime division was fair and valid.
- The two daughters were full owners of the house and had the right to sell it.
- After ten years without objection, the right to contest has expired.
- Now, no sister has any Sharʿī claim over the house.
ھذا ما عندی، واللہ أعلم بالصواب
