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Fatwa CenterReserving the right to use a donated property until death
Question
A Father has no son but only two daughters. He wants to settle his property in favour of his two daughters by a settlement deed by reserving his right to enjoy the income of the property to be settled till his life time as the said property is the only source of income for him. A grant creating a limited interest merely to the use of the property and enjoyment of the usufruct thereof is valid under the Mohamedan law . Please comment whether such settlement of property by resrving right to enjoy the usufruct is permissible in Islam.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
What is evident from the the question is that you are seeking a formal legal settlement for the immediate transfer of the property to your two daughters but you want to set a condition that you have the right to use the property until you die. If this is the case, then this involves indeterminacy in the duration of right to property usage, and therefore the transaction is invalid.
To the best of our knowledge, the scholars who declared it permissible for the donor to stipulate the right to use the donated property, namely the Hanbalis, said that it is a condition for the duration to be determined.
Ar-Ruhabyaani said in Mataalib Uli An-Nuha: “It is valid to stipulate the right to use a house or a slave which is given as a gift for a determinate duration, as in selling and manumission.”
Also, the Fiqh Encyclopedia reads: “According to the Hanbali School it is permissible to stipulate a condition to benefit from a gifted item for a determinate period.”
Therefore, there is no blame in using the gifted property, but the right of usage must be set to a determined time, such as one or two years or longer. But it is better if you do not stipulate any condition out of respect for the difference of opinion among the scholars regarding the validity or invalidity of such a contract.
Finally, the distribution of inheritance is something Allaah has taken into His own hands, and He did not place even an angel or a prophet in charge of it. Allaah has clarified every heir's rights according to most just justice and the most perfect wisdom.
Allaah Knows best.
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