Presents and Gifts: Validity of Gifting or Forgoing Rights Before Their Entitlement

Practical Laws of Islam as per the teachings of Imam Khamenei

Presents and Gifts: Validity of Gifting or Forgoing Rights Before Their Entitlement

English:

Question #1720:

Can someone give his right to another one as a gift before he is entitled to such a right? At the time of the marriage contract, a woman forwent all the financial obligations that may become due to her by her husband. Is such a transaction valid?

Answer #1720:

There is a problem in, if not an objection to, such a type of grant. There is no harm if this foregoing of the wife’s future rights is considered as a ṣulḥ contract or as a term stipulated in the contract that she would relinquish the rights after being entitled to them. Otherwise, it is of no effect.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Presents and Gifts