A grandmother's gift to her grandchildren and a grandchild born later

هبة الجدة لأحفادها ودخول من وُلد بعدها

A question about a grandmother who gave land to her sons' children and then died, after which one of her sons had a child, in which Jordan's General Iftaa Department answered that the gift covers only the grandchildren who existed when it was made, so once it became binding and was registered in their names, a later-born grandchild is not included. The Department answered that a gift is the transfer of property during life without return, and that a grandmother's gift of land to her grandchildren in principle covers only the grandchildren alive at the time of the gift, not those not yet born. It quoted Sulayman al-Jamal in his gloss on Sharh al-Manhaj that a gift to an unborn child is impossible, since it can neither own nor have a guardian take ownership for it, and the Hanafi Shaykhi Zadah in Majma al-Anhur that a gift to an unborn child is invalid because acceptance is a condition and cannot come from a foetus. It concluded that once the gift was completed and the land registered in the names of the existing grandchildren, it became binding: the land belongs to those in whose names it is registered, and anyone not born before the gift became binding is not included.

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Summary

A question about a grandmother who gave land to her sons' children and then died, after which one of her sons had a child, in which Jordan's General Iftaa Department answered that the gift covers only the grandchildren who existed when it was made, so once it became binding and was registered in their names, a later-born grandchild is not included. 1

The question

The questioner asked about a grandmother who gave land to her children's children and then died, after which a child was born to one of her sons: is the newborn included in the gift or not? 1

The answer

The Department answered that a gift is the transfer of property during life without return, and that a grandmother's gift of land to her grandchildren in principle covers only the grandchildren alive at the time of the gift, not those not yet born. 1 It quoted Sulayman al-Jamal in his gloss on Sharh al-Manhaj that a gift to an unborn child is impossible, since it can neither own nor have a guardian take ownership for it, and the Hanafi Shaykhi Zadah in Majma al-Anhur that a gift to an unborn child is invalid because acceptance is a condition and cannot come from a foetus. 1 It concluded that once the gift was completed and the land registered in the names of the existing grandchildren, it became binding: the land belongs to those in whose names it is registered, and anyone not born before the gift became binding is not included. 1

About this record

Jordan's General Iftaa Department published this fatwa on aliftaa.jo as no. 3963, dated 14 April 2025. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)

People and things also explored

Hadiyya (gift)· A father taking back a gift to his child· A husband reclaiming the gold he gave his wife at the wedding· Accepting a gift a brother received from his commercial bank· Gifts from baby-milk agents to midwives· Bonus credit on prepaid gift cards· Marketing contests with prize coupons inside products· Giving zakat as a birth gift

Sources

  1. Jordan's General Iftaa Department (aliftaa.jo) , fatwa 3963

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islam.museum contributors. “A grandmother's gift to her grandchildren and a grandchild born later”. islam.museum, https://islam.museum/en/work/fatwa-aliftaa-jo-a-grandmothers-gift-and-a-grandchild-born-later/. CC BY-SA 4.0. Last updated 2026-11-01.

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Hadiyya (gift)

Hadiyya in the lexical sense is a thing of value sent to another as an honour; technically it is the transfer of a thing to another without return, a kind of gift (hiba) that differs in that it is carried to the recipient as a courtesy. It is complete when the giver sends it and the recipient takes it; no formula is required. The giver may retract before receipt, in the view of the majority. Where a gift comes in a container, the container is returned or held in trust depending on custom. At a circumcision or wedding, gifts suited to children go to the child, and others follow the kinship of the giver to the father or the mother. Gifts that officials and judges receive by virtue of office are forbidden; the Prophet's saying 'the gifts of officials are plunder' is cited. The imam may not accept gifts, according to the jurists. The mufti, preacher and teacher may accept, though it is better to refrain.