Father Retracting a Gift Given to His Child: Sharʿī Ruling in Light of Ḥadīth
Reference: Fatāwā Rashidiyyah, Page 556
❖ The Question
A man named Aḥmad Khān transferred ownership of his property to his sons. One of them became disobedient and attempted to seize the entire property. Aḥmad Khān now wishes to reclaim the portion he gifted to this son. According to the Sharīʿah of Muḥammad ﷺ, what is the ruling?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
A father is permitted in Sharīʿah to take back what he gifted to his child.
✔ Evidence from Ḥadīth
The Prophet ﷺ said:
((لا يحل لرجل أن يعطى عطية أو يهب هبة فيرجع فيها إلا الوالد فيما يعطى ولده))
“It is not lawful for a man to give a gift and then take it back — except for a father in what he gives to his child.”
— Sunan Abī Dāwūd, Kitāb al-Buyūʿ, Bāb fī al-rujūʿ fī al-hibah, ḥadīth 3539
✿ Conclusion
Therefore, according to Sharīʿah, it is permissible for Aḥmad Khān to reclaim the property he gifted to his disobedient son.
ھذا ما عندی، واللہ أعلم بالصواب
