What is Not Permitted in Giving Gifts (1)

39 Yahya related to me from Malik from Ibn Shihab from Humayd ibn 'Abd ar-Rahman ibn 'Awf and from Muhammad ibn an-Nu'man ibn Bashir and they related to him that an-Nu'man ibn Bashir said that his father, Bashir, brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, " I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, asked, " Have you given each of your children something similar? " He said, " No." The Messenger of Allah, may Allah bless him and grant him peace, said, " Then take the slave back."

[cf Bukhari 2446]

40 Malik related to me from Ibn Shihab from 'Urwa ibn az-Zubayr that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, " Abu Bakr as-Siddiq gave me some palm-trees which produced twenty awsaq from his property in al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you some palm-trees which produce twenty awsaq. If you had cut them and taken possession of them, they would have been yours, but today they are the property of the heirs who are your two brothers and two sisters, so divide it according to the Book of Allah.' "

'A'isha continued, " I said, 'My father! By Allah, even if it had been more, I would have left it! There is only Asma'. Who is my other sister? ' Abu Bakr replied, 'What is in the womb of Kharija. I think that it is going to be a girl*.' "

* She was named Umm Kulthum.

41 Malik related to me from Ibn Shihab from 'Urwa ibn az-Zubayr from 'Abd ar-Rahman ibn 'Abd al-Qari that 'Umar ibn al-Khattab said, " What is wrong with men who give their sons gifts and then keep hold of them? If the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son. I gave it to him.' If someone gives a gift and does not hand it over to the one to whom it was given, the gift is invald and, if he dies, it belongs to the heirs in general."

What is not Permitted in Giving Gifts (2)

Yahya said that he heard Malik say, " What is done in our community about someone who gives a gift, without intention of reward, is that he calls witnesses to it. It is confirmed as belonging to the one to whom it has been given unless the giver dies before the one to whom it was given receives the gift."

He added, " If the giver wants to keep the gift after he has had it witnessed he cannot. If the recipient claims it from him, he takes it."

Malik said, " If someone gives a gift and then withdraws it and the recipient brings a witness to testify for him that he was given the gift, be it goods, gold, silver or animals, the recipient is made to take an oath. If he refuses, the giver is made to take an oath. If he also refuses to take an oath, he gives to the recepient what he claims from him if he has at least one witness. If he does not have any witness, then he has no claim."

Malik said, " If someone gives a gift not expecting anything in return and then the recipient dies, the heirs take his place. If the giver dies before the recipient has received his gift, the recipient has nothing. That is because he was given a gift which he did not take possession of. If the giver wants to keep it, and he has already called witnesses to the gift, he cannot do so. When the recipient claims his right, he takes it."

Judgement on Gifts

42 Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Murri that 'Umar ibn al-Khattab said, " If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If someone, however, gives a gift seeking by it favour or reward, he has the right to his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, " The generally agreed on way of doing things in our community is that if the gift is returned to the one who gave it for some recompense, and its value has been either increased or decreased, the one to whom it has been given only gives the owner its value on the day he received it."

36.36 Taking Back Sadaqa

Yahya said that he heard Malik say, " The way of doing things in our community about which there is no dispute is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father's keeping and the father has had his sadaqa witnessed - he cannot take it back any of it because he cannot reclaim any sadaqa."

Yahya said that he heard Malik say, " The generally agreed on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt which people claim from him and which they trust him for on the strength of the gift which his father has given him. The father cannot take back anything from the gift after debts are started against it.

" If a man gives his son or daughter something and a woman marries the son only on account of the wealth and property which his father has given him and then the father wants to take it back or if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given her, and then the father says, 'I take it back, ' the father cannot then take back any such gift from the son or the daughter if the situation is as described."

Judgement on Life Grants

43 Malik related to me from Ibn Shihab from Abu Salama ibn 'Abd ar-Rahman ibn 'Awf from Jabir ibn 'Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, " If someone is given a life grant for himself and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it."

[In Muslim]

44 Malik related to me from Yahya ibn Sa'id that 'Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life grant and what people said about it. Al-Qasim ibn Muhammad said, " I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, " What is done in our community is that the life grant reverts to the one who makes it a life grant unless he says, 'It belongs to you and your posterity.' "

45 Malik related to me from Nafi' that 'Abdullah ibn 'Umar inherited the house of Hafsa bint 'Umar. He said, " Hafsa gave lodging to the daughter of Zayd ibn al-Khattab for as long as she lived. When Zayd's daughter died, 'Abdullah ibn 'Umar took possession of the dwelling and considered it to be his."

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