Excerpt: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zahir Aman Puri
Question:
If a woman gifts the amount of her dowry to her husband, can she demand it again?
Answer:
Once something is given as a gift, it cannot be taken back; only a father can take back what he has given to his children, no one else can. A warning has been issued regarding this.
❀ Sayyidina Nu'man bin Bashir (may Allah be pleased with him) narrates:
"My father, Bashir bin Sa'd (may Allah be pleased with him), took me to the Messenger of Allah (peace be upon him) to witness the gifts he had given me. The Noble Prophet (peace be upon him) asked: Have you given these gifts to all your sons? He replied: No! The Prophet said: Then take it back as well."
Reference: (Sahih al-Bukhari: 2586, Sahih Muslim: 1623)
Sayyidina Abdullah bin Abbas (may Allah be pleased with him) narrates that the Noble Prophet (peace be upon him) said:
العائد فى هبته كالعائد فى قيئه
"The one who takes back a gift is like the one who vomits and then swallows it again."
Reference: (Sahih al-Bukhari: 2621, Sahih Muslim: 1622)
Sayyidina Abdullah bin Umar (may Allah be pleased with him) and Sayyidina Abdullah bin Abbas (may Allah be pleased with him) narrate that the Messenger of Allah (peace be upon him) said:
"It is not permissible for anyone to give a gift and then take it back, except for a father who gives to his son. The one who gives a gift and then takes it back is like a dog that eats, and when it is full, it vomits and then licks it up."
Reference: (Musnad Ahmad: 27/78, Sunan Abu Dawood: 3539, Sunan an-Nasa'i: 3720, Sunan at-Tirmidhi: 2132, Sunan Ibn Majah: 2377, and its chain is authentic)
Imam Tirmidhi (may Allah have mercy on him) has classified it as Hasan Sahih, Imam Ibn al-Jarud (may Allah have mercy on him) has declared it authentic
Reference: (994)
, and Imam Hakim (may Allah have mercy on him) has stated it is of authentic chain, and Hafiz Dhahabi (may Allah have mercy on him) has also declared it authentic.
