Chapter on Gifts, Deathbed Gifts, and Bequests

434—These are gratuitous contracts.

435—A gift is a gratuitous transfer of property made while the giver is alive and in good health.

436—A deathbed gift is a gratuitous transfer of property during the giver’s final illness in which death is feared.

437—A bequest is a gratuitous transfer of property after death.

438—All of these constitute benevolence and righteousness.

439—A gift may be made from the entirety of one’s wealth.

440—A deathbed gift or bequest is limited to one-third or less when made to a non-heir.

441—Anything1 exceeding one-third, or made to an heir, is contingent upon the approval of the legally competent heirs2.

442—Justice among one’s children must be observed in all of them, based on the hadith: “Fear Allah and be just among your children.”3 Narrated by al-Bukhārī and Muslim.

443—Once a gift has been delivered into the recipient’s possession and accepted, it is not lawful to take it back4;