In the Name of Allah, The Beneficent, The Most Merciful
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Thursday, 29 February 2024/ 18 Sha'ban 1445 AH |
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FIQH |
Giving A House as A Gift
Question: A father in his lifetime says to his son in the presence of others: “I am giving you this house as a gift”. The father continues to live in the house, maintains the house and pays the rates and taxes. The house remains on the name of the father. The father then passes away. Now, the son is claiming that the house belongs to him and should not be part of the estate. Is his claim valid?
Answer: In the light of Sharee’ah, giving / donating of a gift to someone is such a transaction that has several conditions that must be established, and then only will it be valid.
تنعقد الهبة بالايجاب والقبول وتتم بالقبض الكامل (شرح المجلة ج١ص٤٦٢
The conditions are:
1- The person giving the gift should offer the item as a gift;
2- The person to whom the gift is offered should accept it and;
3- He should also take physical possession of the gifted item.
In the above situation, the 3rd condition was not found. i.e. the son did not take possession of the house in the father’s lifetime. Hence, the transaction of gifting was not completed. The house will be part of the Marhoom father’s estate and will be divided among the heirs.
And Allah Ta’ala Knows Best
Mufti Yusuf Moosagie |
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MAYYITS/FUNERALS |
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O Allah, forgive our living and our dead, those present and those absent, our young and our old, our males and our females. O Allah, whom amongst us You keep alive, then let such a life be upon Islam, and whom amongst us You take unto Yourself, then let such a death be upon faith. O Allah, do not deprive us of his reward and do not let us stray after him. [Sunan Abi Dawud] (Aameen) |
FINANCIALS |
- Mahr Fatimi: R21730
(1530.90 g of Silver)
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(30.618 g of Silver)
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(February 2024) |
RECIPE |
Butter Naan
Ingredients
4 Cups Flour - 1 x 10g sachet dry yeast - 1 tsp salt - 1tblsp sugar - 1 ½ cups warm water - 1 egg, lightly beaten - 100g butter, melted - Melted butter to brush.
Method
Combine flour, yeast, salt and sugar in a mixing bowl. Mix water and egg together until well combined. Add enough liquid to flour and mix to soft dough. Knead in the melted butter until dough is smooth. Cover and leave to rise until doubled in size. Punch down dough, knead for 1 minute and divide into 24 balls. Working on a floured surface, roll each ball into a long stretched oval shape. Heat a non-stick frying pan and place naan in. Cook on one side until bubbles begin to appear. Turn Naan over onto a baking sheet and place under a griller until other side puffs up and blisters form. Brush with melted butter and serve hot.
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