Accepting gifts and giving a gift in return to the giver is permissible.
Linguistic explanation: The word هديه means gift. It is used in the sense of giving a gift in the chapter أَهْدَى يُهْدِى (إفعال) and in the sense of “giving gifts to each other” in the chapter تَهَادَى یهَادَي (تفاعل). The plural of هديه is هدايا, هداوي, and هداو.
[Al-Qamus Al-Muheet: p. 1734, Al-Munjid: p. 1004]
Technical definition: Giving any property or right to a person without compensation is called a gift, and Hibah (grant) is synonymous with it.
[Al-Mughni: 591/5, Al-Fiqh Al-Islami wa Adillatuhu: 3981/5]
➊ It is narrated from Hazrat Abu Huraira (RA) that the Messenger of Allah (PBUH) said:
لو دعيت إلى كراع أو ذراع لأجبت ولو أهدى إلى ذراع لقبلت
“If I am invited to the hoof or the arm of an animal, I will accept it, and if I am given an arm or a hoof as a gift, I will also accept it.”
[Bukhari: 5178, Book of Marriage: Chapter on accepting a leg, Ahmad: 209/3, Tirmidhi: 1338, Ibn Hibban: 349/7, 5267, Bayhaqi: 169/6, Sharh Al-Sunnah: 36/7]
➋ It is narrated from Hazrat Aisha (RA) that:
كان النبى صلى الله عليه وسلم يقبل الهدية ويثيب عليها
“The Prophet (PBUH) used to accept gifts and also give something in return.”
[Bukhari: 2585, Book of Hibah and its virtues and encouragement: Chapter on reciprocation in gifts, Abu Dawood: 3536, Tirmidhi: 1953]
Exchange of gifts between Muslims and non-Muslims is also permissible.
➊ Allah Almighty says:
وَإِن جَاهَدَاكَ عَلَىٰ أَن تُشْرِكَ بِي مَا لَيْسَ لَكَ بِهِ عِلْمٌ فَلَا تُطِعْهُمَا ۖ وَصَاحِبْهُمَا فِي الدُّنْيَا مَعْرُوفًا [Luqman: 15]
“And if they (i.e., parents) pressure you to associate with Me something of which you have no knowledge, do not obey them. But accompany them in [this] world with appropriate kindness.”
This means that if parents become an obstacle in matters of religion, do not obey them, but if it concerns worldly matters, treat them kindly even if they are non-Muslims. This also indicates that gifts can be given to non-Muslims.
➋ It is narrated from Hazrat Ali (RA) that:
أهدى كسرى رسول الله صلى الله عليه وسلم فقبل منه ، و أهدى له قيصر فقبل منه ، وأهدت له الملوك فقبل منها
“Kisra (the king of Iran) sent a gift to the Messenger of Allah (PBUH), and he accepted it. Caesar (the king of Rome) sent a gift, and he also accepted it. Similarly, various kings sent gifts to him, and he accepted all of them.”
[Sahih: Sahih Tirmidhi, Tirmidhi: 1572, Book of the biography of the Messenger of Allah: Chapter on accepting gifts from polytheists, Al-Fath Al-Rabbani: 168/15]
➌ Hazrat Asma (RA) narrated that her mother was a polytheist. She came to Medina with her father during the time of the peace treaty between the Prophet (PBUH) and Quraysh. I asked the Prophet (PBUH) about her, saying, “My mother has come and she is not a Muslim; can I maintain ties with her?” The Prophet (PBUH) said:
نعم ، صلى أمك
“Yes, maintain ties with your mother.”
[Bukhari: 5979, Book of Manners: Chapter on a woman maintaining ties with her mother who has a husband]
Imam Ibn Uyaynah (RA) said that Allah revealed this verse:
لا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُم مِّن دِيَارِكُمْ أَن تَبَرُّوهُمْ [Al-Mumtahina: 8]
“Allah does not forbid you from being kind and just to those who do not fight you because of religion and do not expel you from your homes.”
This was revealed concerning the same woman.
[Bukhari: 5978, Book of Manners: Chapter on maintaining ties with a polytheist parent]
➍ The chief of Dumat Al-Jandal gave the Prophet (PBUH) a silk cloak as a gift.
[Bukhari: 2615, 2616, 3248, Book of Hibah and its virtues and encouragement: Chapter on accepting gifts from polytheists]
➎ The Prophet (PBUH) also accepted the gift of the Thaqif delegation.
[Weak: Weak Nasai: 241, Book of Marriage: Chapter on a woman covering herself without her husband’s permission, Nasai: 3789]
➏ Farwah Al-Juzami gave the Prophet (PBUH) a mule as a gift, and the Prophet rode it on the day of Hunayn.
[Muslim: 1775, Book of Jihad and Expeditions: Chapter on the Battle of Hunayn]
➐ A Jewish woman gave the Prophet (PBUH) a poisoned goat as a gift, and he accepted it.
[Bukhari: 2617, Book of Hibah: Chapter on accepting gifts from polytheists, Muslim: 2190]
➑ Yuhanna bin Rubah gave the Prophet (PBUH) a white mule as a gift.
[Talkhees Al-Habeer: 155/3]
➒ The Messenger of Allah (PBUH) wore a long-sleeved fur coat given as a gift by Caesar of Rome.
[Weak: Weak Abu Dawood: 874, Book of Clothing: Chapter on dislike, Abu Dawood: 4047]
The following hadith apparently contradicts the previous ones:
Hazrat Iyad bin Himar (RA) gave the Prophet (PBUH) a she-camel while still a polytheist as a gift. The Prophet (PBUH) asked, “Have you become a Muslim?” He said, “No.” The Prophet (PBUH) said:
إني نهيت عن زبد المشركين
“I have been forbidden to accept the filth of polytheists.”
[Sahih: Sahih Abu Dawood: 2630, Book of Kharaaj, Leadership and Groups: Chapter on the Imam accepting gifts from polytheists, Abu Dawood: 3057, Tirmidhi: 1577, Fath Al-Bari: 231/5, Al-Fath Al-Rabbani: 169/15]
The application of these hadiths is explained as follows:
➊ It is possible that the hadith forbidding acceptance has been abrogated because the Prophet (PBUH) accepted gifts.
[Ma’alim Al-Sunan Lil-Khattabi: 41/3]
➋ The rejection of the gift with anger was only to encourage the person towards Islam.
➌ The gift was rejected out of fear that love for the polytheist might develop in the heart.
➍ The Prophet (PBUH) accepted gifts only from those polytheists who were People of the Book.
➎ The prohibition was on the gift that was specifically for the Prophet (PBUH), and he accepted the gift that was for all Muslims.
[Nil Al-Awtar: 62/4]
(Preferred) The Prophet (PBUH) refused to accept gifts from a person who only wanted friendship and alliance through his gift, but he accepted gifts from those from whom there was hope that they would incline towards Islam and that love and affection for Islam would enter their hearts.
[Fath Al-Bari: 551/5]
Taking back a gift is forbidden.
➊ It is narrated from Hazrat Ibn Abbas (RA) that the Messenger of Allah (PBUH) said:
العائد فى هبته كا لكلب يقيئ ثم يعود فى قئه
“He who gives a gift and then takes it back is like a dog that vomits and then licks it up.”
[Bukhari: 2621, 2622, Book of Hibah and its virtues and encouragement, Chapter on no one is allowed to retract his gift or charity]
(Hanafis) Taking back a gift without any legal impediment is permissible.
[Hilyat Al-Ulama: 52/6, Al-Mabsut: 52/12, Sharh Fath Al-Qadeer: 499/7, Al-Kafi: p. 531]
The Hanafi position is not correct because it contradicts the previous authentic hadith.
