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The question

Is it permissible for a husband to revoke the gift of houses to his wives if he has not handed over their deeds to them, fearing that some may be of greater value than others?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The default rule is that it is not permissible to revoke a gift after it has been taken possession of, based on the Prophet's (peace and blessings be upon him) saying: "The one who revokes his gift is like the one who revokes his vomit." This is the view of the Hanafis and Shafi'is. As for the Hanbalis, they believe that ownership of a gift is established by the contract, and the Malikis believe it is established by acceptance.

However, many scholars hold that a husband's gift to his wife of his dwelling house, or a part of it, is not valid unless the husband empties it of his belongings and moves out, due to the non-completion of possession (hizazah).

Based on this, the husband is not permitted to revoke those gifts if he was able to clear the aforementioned houses of his belongings to enable the wives to take possession.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
84578
Imported
Translation status
Source text, unreviewed
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