QUESTION:
As Salaamu Alaikum,
Respected Mufti Saheb,
May Allah grant you continuous barakah and ‘āfiya in both worlds.
Is it permissible for a grandparent to gift one item to multiple grandchildren, or to gift one item to a newly-married couple?
My question regarding this customary practice is based on the following عبارة in اللباب:
(وإن وهب واحد من اثنين لم يصح عند أبي حنيفة) ؛ لأنهما هبة النصف من كل واحد منهما، فيلزم الشيوع (وقال أبو يوسف ومحمد: يصح) لأنهما هبة الجملة منهما، إذ التمليك واحد فلا يتحقق الشيوع، قال في التصحيح: وقد اتفقوا على ترجيح دليل الإمام، واختار قوله أبو الفضل الموصلي وبرهان الأئمة والمحبوبي وأبو البركات النسفي. اهـ. قيدنا بالهبة لأن الإجارة الرهن والصدقة للاثنين تصح اتفاقا.
ANSWER:
Wa Alaikum As Salaam,
The text which you have quoted is the Ibarah of Al Lubaab given as a commentary of the famous Al Mukhtasar Al Qudoori: –
The complete Ibarah of Al Lubaab is: –
(و ان وهب اثنان من واحد دارا) او نحوها ممّا يقسم (جاز) لانهما سلّماه جملة. وهو قبضها جملة. فلا شيوع
Translation:
‘And if two people give a gift to one person, a house or something like it, from that which can be divided (like land, a shop etc.), it is permissible/valid. Because the two givers delivered it as a whole, together, and he, the receiver took possession of it as a whole, so there is no Shuyu’ (no undivided co-ownership)’.
The Ibarah of Al – Lubaab continues and states: –
و ان وهب واحد من اثنين دارا: لم تصح عند ابى حنيفة لانها هبة النصف من كل واحد منهما فيلزم الشيوع (و قال ابويوسف و محمد صحّ) لانها هبة الجملة منهما. اذا التمليك واحد فلا يتحقق الشيوع. قال فى التصحيح: و قد اتفقوا على ترجيح دليل الامام و اختار قوله ابو الفضل الموصلى. وبرهان الائمة المحبوبى و ابو البركات المنسفى.
قيّد بالهبة. لان الاجارة والرهن و الصدقة للاثنين: صحّ انفافا
Translation:
‘And if one person gives a gift to two persons, like a house, it is not valid according to Imam Abu Hanifah, because it is a gift of half from each one of them, (meaning, each receiver get an undivided half) so Shuyu’ becomes necessary (that is, undivided co-ownership remains).
And Imam Abu Yusuf and Muhammad state that it is valid because it is a gift of the whole from both of them, since the transfer of ownership is one, so Shuyu’ is not realized’.
‘The author of ‘At Tasheeh’ said, ‘And they (the scholars) have agreed on preferring the Daleel of Imam – i.e. Abu Hanifah. And his opinion was chosen by Abu al Fadl al Mawsili – author of Al- Mukhtar, Burhan al A’immah Al Mahbubi – author of Al Wiqayah, and Abu al Barakat al – Nasafi author of Kanz al – Daqa’iq.
With respect to your questions.
- Is it permissible for a grandparent to gift one item to multiple grandchildren, or to gift one item to a newly – married couple?
The answer depends on one distinction, which is the whole basis of the Ibarah you quoted.
The distinction is whether the item to be gifted is divisible or indivisible?
In the Madhhab of Imam Abu Hanifah, for Hibah (giving a gift) to be completed/valid, two things are needed. These are: –
- Ijab and Qabool. (offer and acceptance)
- Qabdh Al Kamil (taking complete possession), and Qabdh (taking complete possession) is not complete if Shuyu’ remains in a thing that can be divided.
It is stated in Fath Bab Al Inayah
و لا تصحّ الهبة فى مشاع يقسم اى يحتمل القسمة
‘Hibah of an undivided share in that which can be divided is not valid’.
(Fath Bab Al Inayah 2/410 Dar Al Kalam Beirut)
And in the Ibarah of Muktasar Al Qudoori and Al – Lubaab, it states, ‘And if one person gifts a house to two persons, it is not valid according to Imam Abu Hanifah, because it is a gift of half from each of them, so Shuyu’ becomes necessary’.
The Ibarah went on to state that the preferred opinion is that of Imam Abu Hanifah, where, if one person gifts two people an undivided share in a divisible thing, it is not valid.
The reason is not the number of people, but it is because Qabdh (taking possession) is incomplete since those to whom the item has been given, have not taken full and separate possession.
With respect to the two situations you have asked about, the answer is that if the item to be gifted, is divisible, like a house, land, a sum of money, a piece of cloth that can be cut, then gifting the one undivided item to two or more people together, without division, does not complete the Hibah according to Imam Abu Hanifah (A.R), and hence, not valid.
Each one has only received a Musha – an undivided half, or third. The Shuyu’ remains. It is stated in Al Fatawa al Hindiyyah and in Fath Bab Al Inayah.
و لا تصح فى مشاع يقسم
‘Hibah of Musha’ in that which can be divided is not permissible’.
(Al Fatawa Hindiyya 4/420 DKI; Fath Bab Al Inayah 2/410)
If the item is indivisible, like one car, etc. then the Hibah is valid even to two people, because division is impossible, and Shuyu’ here is Dharoori (necessary).
It is stated in Radd al – Muhtar,
امّا هبته فيما لا يحتمل القسمة جائزة
‘And Hibah of Musha’ is valid in that which does not accept division’,
(Radd al Muhtar 8/439 HM Saeed Karachi)
The reason for the validity of the above is explained by the author of Al Jawhara in which he said: –
لانّ الإشاعة فيما لا يحتمل القسمة غير مؤثرة فى الهبة
‘It is so because Shuyu’ in that which does not accept division, has no effect in the Hibah’.
(Al Jawhara An Nayarah Sharh Al Qudoori 2/16 Qadeemi Karachi)
As for the intention of the grandparents to give a gift to the grandchildren, then this can be done but Shuyu’ must be removed.
One way to remove Shuyu’ is that the item should be divided first and then gifted. For example, if it is a house or land, divide it by survey first, then say, ‘This half I gift to grandchild A, and this half I gift to grandchild B’. Each gift (Hibah) is now a separate, divided part.
It is regarding this, the Fuqaha have stated: –
و لا تصحّ فى مشاع يقسم فإن قسم و سلم صحّ
‘Hibah in Musha’ in that which can be divided is not permissible, but if he divides it and delivers, it is valid’.
(Fath Bab Al Inayah 2/410,411).
It is also stated in Al Lubaab: –
و من وهب شقصا مشاعا فالهبة فاسدة. فان قسمه و سلّمه جاز
‘Whoever gifts an undivided share (a Musha’ share) to a person, the gift is defective and invalid. But if he then divides it and hands it over, it is permissible’
(Al Lubaab 3/429 Darul Bashaa’ir Beirut 2010).
Another way to remove Shuyu’ is for the grandparent to gift the whole item to one grandchild first, with complete Qabdh (where the grandchild takes complete possession of the gifted item). Then that grandchild, after taking possession, gifts a divided part to the other grandchild.
This is valid because the first Hibah was one to one, which is valid by agreement.
The text quoted at the beginning said,
و ان وهب اثنان من واحد دارا جاز
Translation:
‘If two people give a gift of a house to one person, it is permissible’.
(Fath Bab Al Inayah 2/410-411).
Based on the same Usool, if one person gifts a gift to one person, then it is valid by greater reason.
For the newly – married couple, this is the best way. Gift the whole item to the husband alone, or to the wife alone, with full Qabdh.
Then let them use it together as a family. In the Shariah, the ownership is with one, and the benefit is for both. This removes Shuyu’.
The grandparent can also give the item as a Sadaqah instead of Hibah. The statement in Al – Lubaab at the end of the passage quoted stated: –
قيّد بالهبة لانّ الإجارة و الرّهن والصدقة للاثنين تصحّ اتفاقا
Translation:
‘He restricted it to Hibah, because Ijarah (leasing/renting) Rahn (security/mortgage) and Sadaqah for two persons are valid by agreement of all Hanafi Imams’.
So, if the Niyyah (intention) is Sadaqah, not Hibah, gifting one item to two together is valid even with Shuyu’ (if it is undivided), because Sadaqah does not require the strict Qabdh that Hiba requires. The purpose of Sadaqah is Thawaab, not Kamil Tamleek (complete ownership). (Radd Al Muhtar 8/440,441. HM Saeed)
Another way that can be adopted is Hibah Al Manfa’ah which is a gift of use, not of ownership.
Therefore, if the item is one house for a newly-married couple, the grandparent can say, ‘I gift you the use of this house to live in’, while keeping the ownership with himself, or he can make it ‘Ariyah – loan for use (that is, he lends them the house to use). Ariyah to two people is valid by agreement because it is not Tamleek al-Ayn (ownership of the item itself). This is what some people do. They do not intend to make the couple argue over ownership. They intend to give them a home to live in. ‘Ariyah achieves that intention without Shuyu’ in ownership.
So, to summarize what we have mentioned is that if the grandparent gifts one divisible item – house, land, money to multiple grandchildren together or to a newly-married couple together, without dividing it first, the Hibah (gift) is not complete according to the Mufta Bihi opinion of Imam Abu Hanifah, because of Shuyu’. It must be divided and then given.
If the item is indivisible, like one car, one animal etc., the Hibah to two is valid because Shuyu’ does not affect the Hibah. The Shar’i way out is to divide first then give the gift to one, with complete Qabdh, or give it as Sadaqah or give it as Ariyah for use.
For an easy understanding, I will give a simple explanation of the Fiqhi terms that were used in the answer given above:
1). Hibah Musha’ or a Hibah in which there is Shuyu’.
Musha’ means mixed, not yet separated or undivided.
An item which is Musha’ is like a piece of land which you give to your son and say, ‘I give you half of this land’.
The question will be asked as to which half has been given? Is it the east half? Is it the west half?
In this case, the gifted land is not marked and not divided. It is still mixed with the property of another person. This is called Musha’ or an item in which there is Shuyu’
So, Hibah Musha’ is when you give a gift of a share that is still mixed. This is of two types, and each has a separate ruling.
The first is referred to as Hibah Musha’ Yuqsamu and the second is Hibah Musha’ Laa Yuqsamu.
Yuqsamu means it can be divided and Laa Yuqsamu means it cannot be divided.
Hibah Musha’ Yuqsamu, therefore means that the gift which is being given is mixed (not yet separated), and can be divided. So, it is an item that you can cut, separate and divide, and each person can take his separate piece, and it will still be useful.
For example, a piece of land. You can survey it and make two lots, OR a house with two floors, you can divide it and make two separate floors.
The ruling regarding giving such gifts which are known to be Hibah Musha’ Yuqsamu according to the Hanafi Madhhab is that it is invalid/impermissible until you divide it and then give it. The reason is that Hibah (a gift) is not complete without Qabdh (taking full possession), and if the share is still mixed and not yet separated, one cannot take full possession (Qabdh). As such, one must do division and then hand over the gift for the Hibah to be complete.
Hibah Musha’ Laa Yuqsamu means a gift which is mixed (not separated) and cannot be divided. It refers to such an item that if you try to cut it or divide it, it will be destroyed or become useless.
For example, a cow. It cannot be divided. You cannot cut it in half and give half, or a car, you cannot cut a car in half.
The ruling of such Hibah is that it is valid and permissible without division because the reason for making it impermissible is not present.
In the first type of Hibah, which is Hibah Musha’ Yuqsamu, one can divide it and then give, but when he did not divide it, taking full possession remained incomplete. But in this second type, which is Hibah Musha’ Laa Yaqsamu, one cannot divide it, because the item itself cannot be divided.
As such, the Shariah did not ask a person to do that which is impossible.
As such, in the case of giving a share of a car to someone, like the father says to his son, ‘I give you half of this car’, then taking possession of the entire car, is taking possession of the half share also. When one takes possession of the whole thing, it counts as possession of his share. So, in this case when the father says to his son, ‘I give you half of this car, this Hibah is valid as soon as the son takes the car into his possession. The son and father are now partners in the car and they share the benefits. The son cannot take the car and sell it alone without the father’s permission, because he only owns half. But the Hibah itself is valid.
And Allah Knows best
Mufti Waseem Khan
10/11/2026