Najafi Q&A: Gift
lit 8/29/2026 · 5 entries · 0 followers · 0 likes
⚖️ Fiqh & LawJurist: Shaykh Bashir al-NajafiTopic: GiftMadhhab / school: Shia Ithna 'AshariyahSection: Treatments#fiqh#najafi#qa
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1: Does a father have the right, after having gifted during his lifetime part of his property to some of his children and not others, to revoke or modify the gift after a few years,especially after the recipients have taken possession and acted upon it, even changing its form, e.g., from a plot of land to a building? 2: If the father is not allowed to revoke the gift as mentioned above, does complying with the father’s will, requiring the recipients of the gift to reconcile with the children who were excluded, or including the gift as part of the total inheritance—constitute a binding obligation as a religiously valid will or not?
Answer
1: In the name of Allah, in the scenario described, the father is not allowed to revoke the gift. Allah knows best. 2: In the name of Allah, the gifting father may compensate the other children who were not included in the gift with an amount equal to the gift, provided that this bequest does not exceed one-third of the total estate; if it exceeds one-third, its effect requires the consent of the heirs. Allah knows best.