Q: I want to do hibah of my properties to my children during my lifetime. But I will require sufficient income for my sustenance. So is it permissible under Shariah that I make the Hibah conditional that a certain portion of income from the properties be given to me upto my lifetime?
A: The principle of Shari’ah in regard to gifting is that the one receiving the gift should be made the complete owner and have full control over the gifted item in a manner that he is able to deal in it as he pleases. Holding back portion of the rentals and attaching the condition that you will remain the owner of that portion until your death is an invalid condition since it prevents complete ownership taking place. Attaching such a condition will prevent the gifting taking place.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)