Ruling on a husband ceding his house to his wife

Question:
A man wants to cede his house to his wife as a mark of respect for her, to please her, and as a reward for her sincerity with him throughout his life and her enduring hardships with him. What is the ruling on this?

Answer:
There is no harm if he cedes his house to her; it is a valid gift to her due to her respect for him, her service to him, and her good conduct. So there is no harm in his ceding his house to her if he is healthy, not sick. However, if he is sick, he has no right to cede it to her, because she is an heir, and she has no right to a bequest, and he has no right to make a bequest to her, for an heir has no bequest. But if he is healthy and wants to give her his house, and he is sound and healthy—not sick—and he is not making a bequest, but rather giving her a current gift, because she is a righteous woman who served him, fulfilled his rights, and treated him well, then this is among the noblest of morals and the most beautiful of deeds, and there is no harm in it.

Question : What if he intends this because he has no male children, so that even his brothers, for example, would not inherit from him?

The Shaykh : Whether he has children or not, as long as he is sound and healthy, not sick, he has the right to give to his wife, and to give to others.

Question : Is this considered a bequest?

The Shaykh: No, it is not a bequest. This is a current gift. If it were a bequest, no, if he had made a bequest to her, the bequest would not be permissible. But if he gave it to her as a current gift, while he is alive and sound and healthy.