Presents and Gifts: Validity of a Conditional Gift When the Agreed Condition Is Not Fulfilled
Practical Laws of Islam as per the teachings of Imam Khamenei
Presents and Gifts: Validity of a Conditional Gift When the Agreed Condition Is Not Fulfilled
English:
Question #1736:
A person gave part of his land to his nephew on the condition that the recipient marries his two stepdaughters to the donor’s two sons. The recipient refused to honour his undertaking regarding the marriage arrangements of the second stepdaughter. Can the gift still be valid and binding?
Answer #1736:
The said gift deed is both valid and binding. However, the condition laid down is invalid because the stepfather has no jurisdiction over the marriage of his stepdaughters. The matter is entirely theirs if they have no father or paternal grandfather. That said, if the condition required the stepfather to do his best to persuade his stepdaughters to agree to the marriage, the condition is valid and, therefore, binding. If the recipient did not uphold the condition, the donor has the right to annul the gift deed.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts