Source: Fiqhi Rulings and Issues in the Light of Quran and Hadith, Rules for Cultivating Uninhabited Land: Volume 02: Page 162
All praise is due to Allah, and prayers and peace be upon the Messenger of Allah. To proceed!
Any sane, adult, and legally competent person giving their known property or possession to another willingly during their lifetime is called a **gift (Hibah)**. For example, a Muslim giving a house or some money to someone.
The Prophet Muhammad (peace be upon him) himself used to give gifts and also accepted gifts. The Sunnah of the Messenger of Allah (peace be upon him) greatly encourages giving gifts and donations because it has very good effects in an Islamic society. The Messenger of Allah (peace be upon him) said:
"تهادَوْا تحابُّوا"
“Give gifts to one another, for this will increase love among you.”
Reference: Sahih al-Bukhari, Book of Al-Lihyah, Chapter: Whoever Sees the Prevailing Lihyah, Permissible, Hadith 2585.
It is narrated from Lady Aisha (may Allah be pleased with her):
"كَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيهِ وَسَلَّمَ يَقبَلُ الهَدِيَّةَ وَيُثِيبُ عَلَيهَا"
“The Messenger of Allah (peace be upon him) used to accept gifts and would also give a reciprocal gift in return.”
Reference: Sahih al-Bukhari, Book of Al-Lihyah, Chapter on Reciprocity in Lihyah, Hadith 2585.
The Prophet Muhammad (peace be upon him) further said:
"تهادوا فإن الهدية تسل السخيمة"
“Give gifts, for giving gifts removes hatred and enmity.”
Reference: (Weak) Jami' al-Wala wal-Hiyah, Chapter on the Prophet Muhammad (peace be upon him) on gifts, Hadith 2130; Arwa' al-Ghalil 6 / Al-Mu'jam al-Awsat 1/416. Hadith 1526 and the wording is his.
Ruling on Possession in Gift (Hibah)
When a person is given a gift (hibah) and he accepts it and takes possession of it, then it is not permissible for the giver to take it back. However, it is permissible to revoke the gift before possession is taken. The evidence for this is the narration of Lady Aisha (may Allah be pleased with her) in which it is mentioned that Sayyiduna Abu Bakr Siddiq (may Allah be pleased with him) gifted her twenty wasq of dates from his property located in Ghaba. Then when he became ill and his time of death approached, he said:
My dear daughter! I had gifted you twenty wasq of dates; if you had taken possession of them, they would have become yours. But since you did not take possession, today they are the joint property of all the heirs. Therefore, you should distribute them according to the teachings of the Book of Allah.
Reference: Al-Muwatta of Imam Malik 1444: A father can gift something to his children and take it back even if the children have taken possession of it. This is because the children and their wealth belong to the father, as the Messenger of Allah, peace be upon him, said: "It is not permissible for a man to give a gift and then take it back except the father regarding what he gives to his child." It is not lawful for a man to gift something and then take it back except the father who gives to his children. (Jami` at-Tirmidhi, Al-Wala' wal-Iltihah, Chapter on the Dislike of Retracting a Gift, Hadith: 2132) Therefore, the inference from the mentioned effect is not comprehensive.
If a thing is already in a person's possession as a trust, or if he has taken it on loan, and then the owner gifts that same thing to him, the thing remaining in his possession will be considered possession.
If someone owes a debt and the creditor forgives that debt by gifting it to him, the debtor will be free from obligation.
Similarly, anything that is permissible to sell can be gifted.
Conditioning a Gift on a Future Contingency
It is not permissible to condition a gift on a future contingency. For example, if a person says:
"I have gifted you this thing on the condition that I receive so much wealth."
Ruling on Specifying a Duration in a Gift
Specifying a duration in a gift is also not correct. For example, if a person says:
"I have gifted you such and such thing for one month or one year."
The reason is that the meaning of a gift is to make someone the owner of something, therefore, time limitation will not be accepted in it, just as time is not specified in a sale.
Ruling on a Gift Conditional upon Death
If a condition of death is attached to a gift, it is valid. For example, if a person says:
“When I die, I gift such and such item to you.”
This will actually be considered as a will, therefore the rules of a will will apply to it.
Justice and Equality When Giving Gifts to Children
It is not permissible for a person to give a gift to one of his children and not to the other, or to give one more than the other. Rather, it is obligatory upon him to treat all equally and maintain justice and equality.
It is narrated from Sayyiduna Nu'man bin Bashir رضي الله تعالى عنه that my father gave me a slave as a gift, then he came to the Messenger of Allah صلى الله عليه وسلم and wanted to make you صلى الله عليه وسلم a witness to this gift. The Prophet صلى الله عليه وسلم said:
"أَكُلَّ وَلَدِكَ نَحَلْتَ مِثْلَهُ ؟ قَالَ: لَا، قَالَ رسولُ اللهِ - صلى الله عليه وسلم: فَارْجِعْهُ "
"Have you given the same gift to all your children?" He said: No. Then the Messenger of Allah (ﷺ) said: "Take back your gift."
Reference: Sahih al-Bukhari, Al-Wahi, Chapter on Gifts to Children, Hadith 2586. Sahih Muslim, Al-Wahi, Chapter on Dislike of Favoring Some Children in Gifts, Hadith 1623. The wording is his.
Then the Prophet (ﷺ) said:
"اتَّقُوا اللَّهَ، وَاعْدِلُوا فِي أَوْلَادِكُمْ "
"Fear Allah and be just and fair among your children."
Reference: Sahih al-Bukhari, Al-Wahi, Chapter on Witnessing in Gifts, Hadith 2587. Sahih Muslim, Al-Wahi, Chapter on Dislike of Favoring Some Children in Gifts, Hadith 1623.
From this narration, it is understood that justice and equality among children in matters of gifts is necessary; otherwise, it will be oppression.
If a person gives a gift to some of his children and not to others, or gives some more and some less, then for the one who knows this situation, it is forbidden to be a witness in this matter.
The ruling on taking back a gift
When a person gifts something and the recipient also takes possession of it, then it is forbidden to take that thing back. It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
"الْعَائِدُ فِي هِبَتِهِ كَالْكَلْبِ يَقِيءُ ثُمَّ يَعُودُ فِي قَيْئِهِ "
“The one who returns to his gift is like a dog that vomits and then returns to its vomit.”
Reference: Sahih al-Bukhari, Book of Gifts, Hadith 2589. Sahih Muslim, Book of Charity, Hadith 1622.
This hadith is evidence for the prohibition of taking back a gift, except for the gift which the Shariah has exempted. Thus, a father can take back a gift given to his children, as the Messenger of Allah (peace be upon him) said:
"لَا يَحِلُّ لِلرَّجُلِ أَنْ يُعْطِيَ عَطِيَّةً ثُمَّ يَرْجِعُ فِيهَا إِلَّا الوَالِدَ فِيمَا يُعْطِي وَلَدَهُ"
“It is not permissible for a man to give a gift or present and then take it back, except for a father who gives to his children.”
Reference: Sunan Abi Dawood, Book of Sales, Hadith 3539; Musnad Ahmad 1/237; Jami` at-Tirmidhi, Book of Loyalty and Gifts, Hadith 2132.
A Father Taking from His Child's Wealth
It is permissible for a father to take from his child's wealth, provided that the child does not need it and that it does not cause harm to the child.
It is narrated from Sayyida Aisha (may Allah be pleased with her) that the Prophet Muhammad (peace be upon him) said:
"إنّ أطْيَبَ مَا أكْلْتُمْ مِنْ كَسْبِكُمْ. وإنّ أوْلاَدَكُمْ مِنْ كَسْبِكُمْ"
“Your best consumed wealth is that which you earn yourself, and indeed your children are also from your earnings.”
Reference: Jami' at-Tirmidhi, Al-Ahkam, Chapter on the Hadith about a father taking from his child's wealth, Hadith 1358.
There are many evidences from this hadith which indicate that it is permissible for a father to take from his son's wealth, to make it his own, or to consume from it, provided that it does not harm the son and that the wealth is not among the son's necessities.
Indeed, the Messenger of Allah (peace be upon him) said:
"أنت ومالُك لأبيك"
“You and your wealth belong to your father.”
Reference: Sunan Abi Dawood, Al-Buyu', Chapter on a man eating from his child's wealth, Hadith 3530; and Sunan Ibn Majah, At-Tijarat, Chapter on a man's wealth from his child's wealth, Hadith 2291, same wording.
It requires that just as his wealth is permissible for the father, similarly his life should also be available for the service of the father. Therefore, it is obligatory upon the children to serve their father with both their life and wealth.
However, it is not permissible for the father to take so much from the child's wealth that it causes harm to the child, or if the thing is related to the child's needs, because the Messenger of Allah, peace be upon him, said:
"لا ضرر ولا ضرار"
“Do not harm yourself or others.”
Reference: Sunan Ibn Majah, Ahkam, Chapter: What is forbidden in the right of a neighbor, Hadith 2340.
Children demanding repayment of a loan from the father
It is absolutely not permissible for children to lend money to their father and then demand its repayment. It is narrated in a hadith that a man came to the Messenger of Allah, peace be upon him, bringing his father along, and began demanding repayment of a loan from his father in front of the Prophet, peace be upon him. The Prophet, peace be upon him, said:
"أنت ومالُك لأبيك"
“So you and your wealth belong to your father.”
Reference: Sunan Abi Dawood Al-Buyu, Chapter: The Man or Whoever Has Wealth from His Child, Hadith 3530 and Sunan Ibn Majah Al-Tijarat, Chapter: The Man’s Wealth from His Child, Hadith 2291 and the wording is the same.
From this narration, it is established that demanding a loan from the father is not the right of the child.
Also, Allah Almighty says:
﴿وَبِالْوَالِدَيْنِ إِحْسَانًا﴾
“And be kind to parents.”
Reference: Al-An'am: 15, 16.
Allah Almighty has commanded good treatment of parents, and this good treatment includes that if the parents owe the child any right, such as a loan, the child should not demand it from them.
However, the necessary expenses that parents owe to the child, such as food and maintenance, can be demanded, provided the child is not capable of earning, because the protection of life is essential. The Prophet Muhammad (peace be upon him) said to Sayyida Hindah (may Allah be pleased with her):
"خُذِي مَا يَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ "
“You may take as much wealth as is sufficient for you and your children according to the law.”
Reference: Sahih al-Bukhari Al-Fiqh, Chapter: If a man does not spend, the woman may take without his knowledge. Hadith 5364.
Social and Moral Benefits of Gifts
Gifts eliminate hatred and enmity, and create affection and love. The Messenger of Allah, peace be upon him, said:
"تَهَادَوْا فَإِنَّ الْهَدِيَّةَ تُذْهِبُ وَحرَ الصَّدْرِ"
“Give gifts to one another, for gifts remove ill feelings from the hearts.”
Reference: Jami' at-Tirmidhi, Al-Wala' wal-Waleeha, Chapter on the Prophet's Encouragement to Giving Gifts, Hadith 2130.
Gifts should not be rejected, no matter how small they are. Also, giving an appropriate return gift is Sunnah. It is narrated about the Messenger of Allah, peace be upon him:
"كَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيهِ وَسَلَّمَ يَقبَلُ الهَدِيَّةَ وَيُثِيبُ عَلَيهَا"
“He, peace be upon him, used to accept gifts and also give in return.”
Reference: Sahih al-Bukhari, Al-Wala' wal-Mukafaat, Chapter on Returning Gifts, Hadith 2585.
And this is one of the great virtues of Islam, as well as a bright manifestation of noble character.
This is what I have, and Allah knows best what is correct.
