It is the transfer of ownership during the life [of the giver], without compensation.
وَهِيَ تَمْلِيْكُ الْمَالِ فِي الْحَيَاةِ بِغَيْرِ عِوَضٍ
The Book of Selling and
Commercial Transactions
Chapter on Gifts
الْهِبَةِ
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
Gifts (Hibah) 1039
It is valid with an offering and acceptance or handing over, accompanied by an indication [that it is a gift].
وَتَصِحُّ بِالإِيْجَابِ وَالْقَبُوْلِ، وَالْعَطِيَّةِ الْمُقْتَرِنَةِ بِمَا يَدُلُّ عَلَيْهَا
1039. Giving gifts is a recommended (mustaḥabb) act. The Messenger of Allah (SA) said:
“Exchange gifts, for this will make you love one another.” (B in al-Adab al-Mufrad – from Abu Hurayrah; Ibn Ḥajar: S)
تَهَادَوا تَحَابُّوا
Also, the exchange of gifts with non-Muslims is a great conduit to the conciliation of people's hearts. The Prophet (SA) accepted gifts from various non-Muslims: presents from al-Muqawqis (the Christian ruler of Egypt); a roast sheep from a Jewish woman (although the sheep turned out to be poisoned); and a white mule and a cloak from the Christian king of Aylah, as stated by Bukhari in a chapter titled “Accepting gifts from the mushrikeen (polytheists, idolaters).” ‘Umar (RA) gave a silk suit (ḥullah) to his mushrik (polytheist) brother, as is also narrated by Bukhari.
Muslims may give gifts to non-Muslims on the days of Muslim religious feasts or any other days. However, it is clearly stated in the madh-hab (A/Iqnâ‘) that one should not give them gifts on the days of their religious feasts. The great Ḥanafi scholar az-Zayla‘i (d. 743 AH, may Allah bestow mercy on him) indicates in Tabyeen al-Ḥaqâ’iq, “Giving gifts on the occasion of Nowruz and Mahrajaan [Persian/Zoroastrian holidays] is not permissible and is, in fact, an act of disbelief.” (Note that there is a difference between calling it an act of disbelief and labeling the one who does it a disbeliever.)
Accepting gifts from them on their festival days is permissible, however. Imam Ibn Taymiyah, in his work Iqtiḍâ’ aṣ-Ṣirâṭ al-Mustaqeem, stated that ‘Ali (RA) accepted a gift from non-Muslims on the day of Nowruz, which is a feast celebrated by many ancient nations, including the Persians, Egyptians, Kurds, and others. ‘Â’ishah (RAH) was also once asked about accepting a gift from the Zoroastrians on the day of their feast, and she allowed it, as long as it was not meat. This last report was narrated by Ibn Abi Shaybah (d. 235 AH/ 849 CE) in his al-Muṣannaf.
1040. After possession, it becomes binding and irrevocable by consensus. If the recipient has accepted but has not yet taken possession of the gift, the status is controversial. (A): not binding. (a): binding in that which does not require measuring by weight or volume.
from the child]. This is based on the statement of the Messenger of Allah (SA), “It is not permissible for one to give a gift and then take it back, except for the parent with his (or her) 1042 child.” 1043
رَسُوْلِ اللهِ : " لَا يَحِلُّ لِأَحَدٍ أَنْ يُعْطِيَ عَطِيَّةً، فَيَرْجِعَ فِيهَا إِلَّا الْوَالِدَ فِيمَا يُعْطِي وَلَدَهُ"
1041. This is based on the hadith quoted here, and by another hadith which indicates that that a person and what he or she owns belong to the father:
It was narrated by Jâbir ibn ‘Abdullâh that a man said: O Messenger of Allah, I have wealth and a son, and my father wants to take all my wealth. He replied:
“You and your wealth belong to your father (ab) [in Abu Dâwood’s report: to your parent (wâlid)]” (Ma. al-Albâni: S)
أنتَ وَمالُكَ لِأبيك (في رواية أبي داود: لوالِدِك
This is the position of (A) + (+M, +S). According to (a) + (-H), even the father may not take his gift back.
This revocation of a gift is only applicable if it was not already used or disposed of.
1042. The word ‘wâlid’ in the hadith could be interpreted to mean either parent. However, the position of (A) is that the right to reclaim a gift is given only to the father, because of other reports where the Prophet (SA) said:
“The most wholesome provisions to consume are those a man earns through his work, and his child is of his earnings.” (D – S)
إِنَّ أَطْيَبَ مَا أَكَلَ الرَّجُلُ مِنْ كَسْبِهِ، وَإِنَّ وَلَدَهُ مِنْ كَسْبِهِ
The Ḥanbalis also argued that the father has general wilâyah (guardianship) over the child’s money.
(-M): the mother may reclaim the gift only if the child’s father is alive. After the father’s death, the child becomes an orphan, and she may not reclaim her gift to an orphan even if it is her child.
(a, -S): Both parents have the right to reclaim a gift. This position is more consistent with the apparent implication of the hadith that Ibn Qudâmah cited above. Also, as indicated above, the hadith indicating that a person and his (or her) wealth are the property of his (or her) father has another wording ‘wâlid’ (parent), rather than ‘ab’ (father), making the meaning inclusive of both parents. Finally, the hadith cited by the Ḥanbalis in support of the specification of the father has another wording:
“The most wholesome provisions to consume are those you earn through your work…” (T. T: ḥasan ṣaḥeeḥ)
إنَّ أَطْيَبَ ما أكلتُم من كَسبِكُم
This position is also in conformity with the established principle that a mother deserves one’s good companionship the most.
1043. (T – from Ibn ‘Umar; al-Albâni: S)
What is prescribed when giving gifts to one’s children is to be equitable with them, 1044 [and this means giving] on the basis of their shares of inheritance.1045 This is based on the statement of the Messenger of Allah (SA), “Fear Allah and treat your children equitably.” 1046
وَالْمَشْرُوْعُ فِي عَطِيَّةِ الأَوْلاَدِ التَّسْوِيَّةُ بَيْنَهُمْ عَلَى قَدْرِ مِيْرَاثِهِمْ لِقَوْلِ رَسُوْلِ اللهِ : اتَّقُوا اللَّهَ، وَاعْدِلُوا بَيْنَ أَوْلَادِكُمْ
If one person says to another, “I give you my house for life,” or, “It is yours for life,” then it belongs to the recipient and his or her heirs. 1047 If the person
وَإِذَا قَالَ لِرَجُلٍ: أَعْمَرْتُكَ دَارِيْ، أَوْ:هِيَ لَكَ عُمُرَكَ، فَهِيَ لَهُ وَلِوَرَثَتِهِ مِنْ بَعْدِه، وَإِنْ قَالَ
1044. (A): equality is always required. (A2) + (-t): if there is a legitimate reason to favor some of them, such as their needs or their dedication to pursuing knowledge, then it would be permissible, according to a report from Aḥmad favored by Ibn Qudâmah in al-Mughni.
1045. In other words, a boy would receive twice as much as a girl. This pertains to significant gifts, not trivial ones. This is the view of the Ḥanbali school. (-H, -M, -S) hold that boys and girls are to be given equal shares of gifts. This is because the command is general, and their needs are comparable. Inheritance is different because their responsibilities when they grow up are different, since Islam requires adult males to financially maintain their spouses, children, parents, and so on.
The only exception to the equal division of gifts is when a person decides to divide his or her estate among the children before his or her death. In this case, the person should divide it on the basis of their inheritance shares. (A/SM): it is recommended that males and females are treated equally in designating awqâf (trusts) for them to benefit from their yield. This is because it is a form of ongoing sustenance, and there is no reason to favor males in that. (a): should still give the male twice as much as the female. Ibn Qudâmah argued, in al-Mughni, that males will still have greater needs since they will be required to spend on their families.
(A) also allowed designating a waqf for some of the children to the exclusion of others because of their need.
1046. (Ag – from an-Nu‘mân ibn Basheer)
1047. The phrase ‘umraka (‘for [your] life’) found here comes from ‘umr (lifetime). They used to say, a‘amartuka such-and-such, meaning ‘I give such-and-such to you for life’.
There is much controversy over the legal consequences of that statement. There are three cases:
1) The benefactor clearly indicates that it permanently belongs to the recipient and to his or her offspring
says, “You may live in it for life,” then the benefactor may take it back whenever he or she pleases. 1048
سُكْنَاهَا لَكَ عُمُرَكَ، فَلَهُ أَخْذُهَا مَتَى شَاءَ
2) The benefactor clearly indicates that this is for the lifetime of the recipient and indicates that it will return to him or her [the benefactor] afterwards.
3) The benefactor says, “I give it to you for life (‘umra)” and does not qualify this. In the first case, it is a gift, and the ownership is completely transferred. In the second case, it is temporary, according to (a) + (-M). In the third case, it is also considered to be permanent, according to the stronger position, since the word ‘umra itself indicates that. Also, the Messenger of Allah (SA) said:
“Hold on to your wealth, and do not waste it, for when one gives an ‘umrâ (gift for life), it shall then belong [permanently] to the recipient, (whether the latter is) alive or dead, and (then) to his or her offspring.” (M – from Jâbir ibn ‘Abdullâh)
أَمْسِكُوا عَلَيْكُمْ أَمْوَالَكُمْ وَلَا تُفْسِدُوهَا فَإِنَّهُ مَنْ أُعْمِرَ عُمْرَى فَهِيَ لِلَّذِي أُعْمِرَهَا حَيًّا وَمَيِّتًا وَلِعَقِبِهِ
In this hadith and in the one following, the Prophet (SA) uses the noun ‘umrâ, meaning a life-time gift. The other position taken by scholars on this issue is that unless one indicates that the ‘umrâ gift is for the recipient and his or her descendants, it shall go back to the giver after the death of the recipient. This is based on another hadith also reported by Jâbir ibn ‘Abdullâh:
“The ‘umrâ that the Messenger of Allah (SA) approved of is when one says: ‘This is for you and your offspring.’ However, if one says: ‘It is yours as long as you are alive,’ then it returns to the original owner (after the recipient’s death).” (Ag – from Jâbir ibn ‘Abdullâh)
إنَّمَا الْعُمْرَى الَّتِي أَجَازَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، أَنْ يَقُولَ: هِيَ لَكَ وَلِعَقِبِكَ، فَأَمَّا إذَا قَالَ: هِيَ لَك مَا عِشْتَ: فَإِنَّهَا تَرْجِعُ إلَى صَاحِبِه
The majority acted upon the generality of the first hadith, and they said that the second is Jâbir’s interpretation.
1048. The difference is that in the third statement (“You may live in it for life”), the benefactor did not give away the property itself, but only the right of usage (usufruct). In this case, the donor may take his or her property back whenever he or she pleases.
Chapter on Gifts
( Page : no 91)