Ruling on Taking Back a Gifted Share from Inheritance
Source: Fatāwā Rāshidiyyah, Page 565
❖ Question
What do the honorable scholars say regarding this issue: Jamal Khatoon, during her lifetime, willingly and with full consent, gifted her entire share from her father’s inheritance to her paternal cousins, Ghulam Hussain and Habibullah.
Now, after the death of Jamal Khatoon, her son and other heirs want to reclaim the gifted share. Kindly clarify: Is it permissible in Islamic law to take back the ownership of such a gift or not? What is the ruling according to the Shariah of Muhammad ﷺ?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
It must be clearly understood that it is not permissible to take back ownership once a gift (hiba) has been given. The Messenger of Allah ﷺ has strictly prohibited this.
((عن ابن عباس قال قال رسول الله صلى الله عليه وسلم العائد فى هبته كالكلب يقيئى ثم يعود فى قيئه.))
Ṣaḥīḥ al-Bukhārī, Kitāb al-Hibah, Bāb 30; Muslim, Kitāb al-Hibāt, Bāb 2; al-Nasā’ī, Kitāb al-Hibah, Ḥadīth No. 3461
“Ibn ʿAbbās (RA) narrated that the Messenger of Allah ﷺ said: The one who takes back his gift is like a dog that vomits and then returns to eat its vomit.”
❖ Sharʿī Ruling
◈ From the blessed ḥadīth, it is clear that for the owner himself, taking back what he has gifted is impermissible (harām).
◈ If it is unlawful for the original owner to reclaim what he gave away, then it is even more impermissible for the heirs to attempt to reclaim a gift that was made in favor of someone else.
ھذا ما عندی واللہ أعلم بالصواب