Is the suspension of a gift upon a condition valid?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The suspension of a gift upon a condition is invalid because a gift is an immediate transfer of ownership of a specific item during the giver's lifetime, and therefore cannot be suspended upon a condition, similar to a sale. If a condition is stipulated in the gift, such as saying, 'I gifted this to you for one year, then it returns to me,' the gift is invalid because it is a contract of ownership transfer of a specific object, which cannot be limited by time, like a sale.
Supporting text
If the Prophet (peace be upon him) said to Umm Salamah, 'If our gift returns to the Negus, it is yours,' that statement constitutes a promise (Wa'd), not a binding conditional gift. If conditions are stipulated in the gift that contradict its essence, such as 'I gifted this to you on the condition that you do not gift it or sell it,' or conversely, 'on the condition that you gift or sell it,' there are two scholarly opinions regarding the validity of the gift, based on the rulings regarding void conditions in a sale.