Hadith 798
اُردوEn
وعن ابن عمر رضي الله عنهما عن النبي صلى الله عليه وآله وسلم قال : «من وهب هبة فهو أحق بها ما لم يثب عليها ». رواه الحاكم وصححه والمحفوظ من رواية ابن عمر عن عمر قوله.
Narrated Ibn 'Umar (RA): The Prophet (ﷺ) said: "If anyone gives away a gift, he has most right to it as long as he is given nothing in return for it." [al-Hakim reported and graded it Sahih (authentic). However, the stronger narration is Ibn 'Umar's narration on the authority of 'Umar (RA) as a saying of 'Umar].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الحاكم:2 /52 وصححه علي شرط الشيخين، ووافقه الذهبي، والدارقطني:3 /43، حديث:2937 وقال: "لا يثبت هذامرفوعًا والصواب عن ابن عمر عن عمر موقوفًا" وأعله البيهقي وغيره، وهم أحد رواته عبيد الله بن موسي، والصواب موقوف كما رواه جماعة.»©Explanation:
Two narrations of this same meaning are reported from Abu Hurairah and Ibn Abbas (radi Allahu anhum).
Some, based on these narrations, have stipulated the condition that when compensation for a gift (hiba) has been given, then it is forbidden to take the gift back.
However, Allamah Shawkani (rahimahullah) has said that Ibn al-Jawzi states that the narrations from Ibn Umar, Abu Hurairah, and Samurah (radi Allahu anhum) are weak; there is none among them that can be deemed authentic (sahih).
Al-Tabarani, in his al-Mu'jam al-Kabir, has narrated a marfu' report from Ibn Abbas (radi Allahu anhuma) that whoever gives something as a gift (hiba), he is more entitled to it until compensation is given for it. (But even in this case,) if he takes back what he gave as a gift, his example is like one who vomits and then eats it.
If these ahadith are authentic, then they specify the generality of the hadith which indicates that taking back a gift is absolutely forbidden, without the condition of compensation being given.
Then, in this case, it would also be permissible to take back the gift before compensation is given.
(Nayl al-Awtar) The statement of Allamah Shawkani (rahimahullah) indicates that he is not satisfied with the authenticity of these ahadith such that the generality of this hadith could be validly specified by them.
And this opinion appears to be correct; therefore, taking back a gift is absolutely forbidden—whether before or after compensation is given.
And Allah knows best.
«أخرجه الحاكم:2 /52 وصححه علي شرط الشيخين، ووافقه الذهبي، والدارقطني:3 /43، حديث:2937 وقال: "لا يثبت هذامرفوعًا والصواب عن ابن عمر عن عمر موقوفًا" وأعله البيهقي وغيره، وهم أحد رواته عبيد الله بن موسي، والصواب موقوف كما رواه جماعة.»©Explanation:
Two narrations of this same meaning are reported from Abu Hurairah and Ibn Abbas (radi Allahu anhum).
Some, based on these narrations, have stipulated the condition that when compensation for a gift (hiba) has been given, then it is forbidden to take the gift back.
However, Allamah Shawkani (rahimahullah) has said that Ibn al-Jawzi states that the narrations from Ibn Umar, Abu Hurairah, and Samurah (radi Allahu anhum) are weak; there is none among them that can be deemed authentic (sahih).
Al-Tabarani, in his al-Mu'jam al-Kabir, has narrated a marfu' report from Ibn Abbas (radi Allahu anhuma) that whoever gives something as a gift (hiba), he is more entitled to it until compensation is given for it. (But even in this case,) if he takes back what he gave as a gift, his example is like one who vomits and then eats it.
If these ahadith are authentic, then they specify the generality of the hadith which indicates that taking back a gift is absolutely forbidden, without the condition of compensation being given.
Then, in this case, it would also be permissible to take back the gift before compensation is given.
(Nayl al-Awtar) The statement of Allamah Shawkani (rahimahullah) indicates that he is not satisfied with the authenticity of these ahadith such that the generality of this hadith could be validly specified by them.
And this opinion appears to be correct; therefore, taking back a gift is absolutely forbidden—whether before or after compensation is given.
And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 798
