The death of the father before retracting a gift he gave to one of his children
Machine translationRead the Arabic original
The questioner:
And if the father favored one of his children over the others in his gifts, giving one of them a specific gift, and then his father died before the oil was delivered, does the gift remain with the recipient?
The Shaykh:
Yes, if he died before he retracted it, the matter is concluded; it belongs to the recipient. Yes.
The questioner:
Until it is obtained.
The Shaykh:
The father, who has the right to retract, is the father, and he has died. No one has the right to retract after the father. Yes.
The questioner:
Meaning, the phrase "they do not claim it."
The Shaykh:
No, because the time for retraction ended with the father's death.
Another questioner:
If it were a 'Umrah that was suspended during his lifetime, meaning the owner passed away before the second one, do the heirs claim it?
The Shaykh:
No. The 'Umrah continues and does not return to its owner. Yes.
And if the father favored one of his children over the others in his gifts, giving one of them a specific gift, and then his father died before the oil was delivered, does the gift remain with the recipient?
The Shaykh:
Yes, if he died before he retracted it, the matter is concluded; it belongs to the recipient. Yes.
The questioner:
Until it is obtained.
The Shaykh:
The father, who has the right to retract, is the father, and he has died. No one has the right to retract after the father. Yes.
The questioner:
Meaning, the phrase "they do not claim it."
The Shaykh:
No, because the time for retraction ended with the father's death.
Another questioner:
If it were a 'Umrah that was suspended during his lifetime, meaning the owner passed away before the second one, do the heirs claim it?
The Shaykh:
No. The 'Umrah continues and does not return to its owner. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 33 من 89|شرح العدة في شرح العمدة|كتاب الوقف|صالح الفوزان|الفقه|كبار العلماء — youtube.com (56:44)
The Arabic text is a machine transcription of the audio recording.
