Q: A mother has 3 children. Among her children one was financially well off, another was getting onto the ladder of success while one was struggling to cope. She fell quite ill and gave a gift to the 3rd saying that at the moment others do not need my assistance, BUT if one needs assistance this gift is to be shared. Few years down she Alhamdu Lillah has recovered fully and now one who was climbing the ladder of success requires financial assistance. She discussed this with her children and reminded them about her statement that when some child needs assistance this gift has to be shared.
Can this condition be enforced?
الجواب حامدا ومصليا ومسلما ومنه الصدق والصواب
A: When a mother gifts some property to her child she cannot revoke the gift.
Equally, imposing a condition in a gift that is repugnant to the donee's proprietary
authority is of no effect.
Thus, once the gift has validly been concluded your mother can neither revoke
the gift nor enforce her condition that when a sibling
needed assistance the gift has to be shared. The child to whom the gift was made
has total discretion over the real estate and cannot be forced to allow others to
share. However, if he/she should wish to share of his/her own volition there is
nothing to stop that.