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I have one request, please answer the following question as soon as possible (urgently). Zakariya … . Please also share reference of your answer.

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
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I have one request, please answer the following question as soon as possible (urgently).
Zakariya gave land and a house to his wife (Anisha) and daughter (Zakiya) with possession. He said(in written) that due to my love towards both of you, I am giving you this land and a house, he aIso said that i am giving this land and a house in your possession with the condition that both of you will use the income from that land, and use the house to live. Zakariya also transferred land and a house to wife and daughter name in government records and made them owners. Zakariya also clearly mentioned that from now on, the wife and daughter will have to pay taxes related to land and a house by their self(means by wife and daughter) Zakariya also clarified that during the entire lifetime of his wife and daughter, other heirs have no rights over that land and house. Zakariya have completely disconnected his self from land and a house. The wife and daughter took possession of that land and a house.
Zakariya also added another condition that was following “above mentioned land and a house is given to both of you to use the income from that land and use the house to live, therefore I am not giving you the authority to make any changes about it, so yield crops on land and take the income from that land and no one have right to ask you detail about income or accounting of income.”
Zakariya also adds that “after the death of wife and daughter, the land and a house should be distributed among the other heirs of Zakariya  (other sons and daughters of Zakariya)”.
 QUESTION
A mufti friend of mine told me that, Zakariya has given the land and a house in the possession of daughter and wife. Zakariya also transferred land and a house to wife and daughter in government records and made them owners. Zakariya also transferred all the risk related to the land and a house to the wife and daughter. Zakariya also clarified that wife and daughter will have to pay taxes related to land and a house. Zakariya also clarified that during the entire lifetime of his wife and daughter, other heirs have no rights over that land and house. Zakariya have completely disconnected his self from land and a house. The wife and daughter took possession of that land and a house. Therefore HIBAH is done and wife and daughter becomes full owner of land and a house. Therefore wife and daughter can do whatever they want to do with land and a house. The condition, which states that after the death of wife and daughter, the land and a house should be distributed among other heirs of Zakariya is not valid and that condition is void according sharia. After death of daughter, her share cannot be distributed among other heirs of Zakariya,it is not required to distribute her share among other heirs of Zakariya.
My question is whatever my mufti friend told me, which is i mentioned above is true or not? If it’s not true then can you please give me right answer according sharia in above mentioned situation. Please also share reference of your answer.

Answer:

In the name of Allah the most Gracious the most Merciful

The answer to your question is as follows:

The answer given by your Mufti Friend is correct. In the above mentioned case, Hiba is complete and the condition imposed by Zakariya is invalid. وصح العمری للمعمر حال حیٰوتہ ولورثتہ بعدہ وھی ان یجعل دارہ لہ عمرہ فاذامات ترد علیہ (وبطل فی الشریعۃ الشرط ای شرط الرد علی المعمر او ورثتہ) کنز الدقائق ص 356۔

And Allah knows best

Darul Ifta

Darul Uloom Waqf Deoband

 

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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