Gift becomes binding by acquisition

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Q: Your Eminence, my name is Husny Rafi‘ Sa‘yd Ahmad Al-Ghamidy. I made over my share in some land as a gift to my nephew, but, as he has not yet reached the full legal age, I gave it to my brother. This land, which is called Al-Shat, used to belong to my father (may Allah forgive him) and is located in Ghamid. I inherited this land from my father,and my mother and two of my sisters also have rights to this land. Your Eminence, I am married and have two sons and three daughters. I do not want to deprive them of their right to their grandparent’s estate, so I would like you to advise me on the most suitable way to retrieve this gift that I previously gave to my nephew.

A: A gift becomes binding by acquisition. If your brother, the father of the gift recipient, has received the gift, as was mentioned in the question, it is not permissible to take it back after he has received it. This is only in regard to your own right to the land. As regards the shares of other inheritors, if anyone has shares in your father’s estate, they retain their rights to it, and it is up to them whether to keep their shares or give them away as gifts to whomever they wish or even to sell them. (Part No. 16; Page No. 252) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.