What happens if the donor dies after permission to take possession has been granted?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the donor dies after permission to take possession has been granted but before actual possession, the permission to take possession is voided, unanimously. If the deceased is the donor, the right to revoke the gift transfers to his heir, and the heir cannot be bound without their consent. If the deceased is the donee, permission to possess did not exist for his heir, meaning the heir cannot take possession without a new authorization.