Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

He gave his wife a house, so does he have the right to take back his gift?

Machine translationRead the Arabic original
The second question of Fatwa No. ( 847 )
Q2: A man gave his wife his entire house, including the furniture in it. Is he able to take back his gift, and what is the method?
A2: If the wife has not taken possession of what her husband gave her in a manner considered taking possession by custom, he may take back his gift, except that this is not among the noble morals; because the Prophet (peace and blessings be upon him) said:
The one who takes back his gift is like the dog that goes back to its vomit.العائد في هبته كالكلب يعود في قيئه
Sunan Ibn Majah 2386Sahih (Darussalam)
. And if she has taken possession of it in a manner considered holding such a thing by custom, it has become her property, and he cannot take it back religiously except with her consent. Even so, his taking it back after she has willingly returned it to him is contrary to manliness and noble morals. If they dispute over the gift or over what is considered taking possession, the decision in that matter lies with the Shari'ah courts.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas