Taking rent from a property that one had gifted to his children

Q: Please can you clarify the issue of gifts in the format of property.

A man in my city has divided 3 flats in the name of 6 children in his lifetime but the flats are in the name of 2 children۔ In addition, he still extracts rent from each flat. These 'gifts' are meant to be taken upon his death until which he continues to take until his demise. (ie avoiding laws of inheritance completely). 

He has 4 daughters and 2 sons. Is this jaiz? He is a nice man, but unfortunately this decision is more like a contractual gift, which may make him questionable on Judgement Day.

Kindly advise what is the truth. This conditional mentality regarding wealth pervades in certain communities here.

A: This is not a valid gift according to the shariah. A gift is only valid if the recipient has the full control and authority over the gifted item.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)