Bk 12 Gifts (Kitab Al−Hibat)
INTRODUCTION
A Hiba is defined as the transfer of the possession of
property, movable and immovable, from one person to the other
willingly and without any reward. The one who makes this
transfer is known as donor (Wahib), and the thing transferred
is known as Mauhubah, and the one who is donated is known as
Mauhub lahu (donee). The other words used in the language of
the Shar'i'ah are Nihla or 'Atiyya. The act of Hiba is not
complete unless the donor surrenders the possession of the
thing donated. Moreover, the declaration of donation should be
in clear terms without any ambiguity (around them). This act
of donation is based on the following hadith of the Holy
Prophet (may peace be upon him):" Give presents to one another
for this would increase your mutual love." This not only
implies the legality of gifts, but the exhortation to give
these to one another. There is perfect agreement amongst all
the jurists that Hiba is valid in Islam. The act of donation
can be made verbally or in writing by any person capable of
making a contract. A gift by a person involved in debt is
invalid, and gift in death illness cannot take effect beyond
one−third of the assets of the deceased after defraying all
necessary expenses. The donation can be made to a living
person and not to one who is dead. The Shari'ah imposes
certain restrictions on the property which is to be donated.
In the first place, the property must be in existence at the
time when the gift is given; hence the gift of oil in the
sesame or of butter in the milk would not be valid. The
property once given as a gift cannot be revoked except in some
extraordinary circumstances. The father is entitled to get
back the donation given by him from his children if be finds
it contrary to the laws and spirit of the Shari'ah. The right
to revoke a gift is called Raj'. This act of revocation can be
done with the decree of a competent court.
Chapter 1: DISAPPROVAL OF BEUYING THE DONATED PROPERTY BY THE
DONOR HIMSELF
Bk 12, Number 3949:
Umar b. Khattab (Allah be pleased with him) reported: I
donated a pedigree horse in the path of Allah. Its possesser
made it languish. I thought that he would sell it at a cheap
price. I asked Allah's Menengsr (may peace be upon him) about
it, whereupon he said: Don't buy it and do not get back your
charity, for one who gets back the charity is like a dog who
swallows its vomit. This hadith has been narrated on the
authority of Malik b. Anas with the same chain of transmitters
but with this addition:" Don't buy that even if he gives you
for one dirham."
Bk 12, Number 3950:
Zaid b. Aslam reported on the authority of his father that
'Umar (Allah be pleased with him) donated a horse in the path
of Allah. He found that it had languished in the hand of its
possessor, and he was a man of meagre resources He (Hadrat
'Umar) intended to buy it. He came to Allah's Messenger (may
peace be upon him) and made a mention of that to him,
whereupon he said: Don't buy that even if you get it for a
dirham for he who gets back the charity is like a dog which
swallows its vomit.
Bk 12, Number 3951:
This hadith has been narrated on the authority of Zaid b.
Aslam with the same chain of transmitters but with this
(change) that the hadith transmitted on the authority of Malik
and Rauh (he was the son of Qisirn) is more complete and
lengthy.
Bk 12, Number 3952:
Ibn 'Umar reported that 'Umar b. al−Khattib (Allah be pleased
with him) donated a horse in the path of Allah and (later on)
he found it being sold, and he decided to buy that. He asked
the Messenger of Allah (may peace be upon him) about it.
whereupon he (the Holy prophet) said: Don't buy that and do
not get back what you gave in charity.
Bk 12, Number 3953:
This hadith has been narrated on the authority of Ibn Umar
through another chain of transmitters.
Bk 12, Number 3954:
Salim reported from Ibn Umar (Allah be pleased with them) that
'Umar donated a horse in the path of Allah and then found it
being sold, and he decided to buy that. He asked Allah's
Apostle (may peace be upon him) about it, whereupon Allah's
Messenger (may peace be upon him) said: Umar, do not get back
what you gave as charity.
Bk 12, Number 3955:
Ibn 'Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) having said this: He who gets
back his charity is like a dog which vomit, and then returns
to that and eats it.
Bk 12, Number 3956:
A hadith like this is reported on the authority of Muhammad
son of Fatima (Allah be pleased with her) daughter of Allah's
Messenger (may peace be upon him).
Bk 12, Number 3957:
Ibn Abbas (Allah be pleased with them) reported: I heard
Allah's Messenger (may peace be upon him) say: The similitude
of one who gives a charity and then gets it back is like that
of a dog which vomits and then eats its vomit.
Bk 12, Number 3958:
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: One who gets back
the gift is like one who eats vomit.
Bk 12, Number 3959:
This hadith has been narrated on the authority of Qatada with
the same chain of transmitters.
Bk 12, Number 3960:
Abdullah b. Tawus reported on the authority of his father who
reported from Ibn Abas (Allah be pleased with them) who
reported from Allah's Messenger 'may peace be upon him) that
he said: One who gets back his gift is like a dog which vomits
and then swallows that vomit.
Chapter 2: DISAPPROVAL OF GIVING PREFERENCE TO SOME CHILDREN
WHILE MAKING DONATION
Bk 12, Number 3961:
Nu'man b. Bashir reported that his father brought him to
Allah's Messenger (may peace be upon him) and said: I have
donated this slave of mine to my son. Allah's Messenger (may
peace be upon him) said: Have you donated to every one of your
sons (a slave) like this? He said: No. Thereupon Allah's
Messenger (may peace he upon him) said: Then take him back.
Bk 12, Number 3962:
Nu'man b. Bashir reported: My father brought me to Allah's
Messenger (may peace be upon him) and said: I have donated
this slave to my son. whereupon he said: Have you made (such)
donation to every one or your sons? He said: No. Thereupon he
(the−Holy Prophet) said: Then take him back.
Bk 12, Number 3963:
This hadith has been narrated on the authority of Zubri with
different chains of transmitters and a slight variation of
words.
Bk 12, Number 3964:
Nu'man b. Bashir reported that his father had donated a slave
to him. Allah's Apostle (may peace he upon him) said: Who is
this slave (how have you come to possess it)? Thereupon he
(Nu'man b. Bashir) said: My father has donated it to me,
whereupon he said: Have all brothers (of yours) been given
this gift as given to you? He said: No. Thereupon he (the Holy
Prophet) said: Then return him.
Bk 12, Number 3965:
Nu'man b. Bashir reported: My father donated to me some of his
property. My mother Amra bint Rawaha said: I shall not be
pleased (with this act) until you make Allah's Messenger (may
peace be upon him) a witness to it. My father went to Allah's
Apostle (may peace be upon him) in order to make him the
witness of the donation given to me. Allah's Messenger (may
peace be upon him) said to him: Have you done the same with
every son of yours? He said: No. Thereupon he (the Holy
Prophet) said: Fear Allah, and observe equity in case of your
children. My father returned and got back the gift.
Bk 12, Number 3966:
Nu'man b. Bashir reported that his mother bint Rawaha asked
his (Nu'man's) father about donating some gifts from his
property to his son. He deferred the matter by one year, and
then set forth to do that. She (Nu'man's mother) said: I shall
not be pleased unless you call Allah's Messenger (may peace be
upon him) as witness to what you confer as a gift on your son.
(Nu'man said): So father took hold of my hand and I was at
that time a boy, and came to Allah's Messenger (may peace be
upon him). and said: Allah's Messenger, the mother of this son
(of mine), daughter of Rawaha wishes that I should call you
witness to what I confer as gift to her son. Allah's Messenger
(may pease be upon him) said: Bashir, have you any other son
besides this (son of yours)? He said: Yes. He (the Holy
Prophet) said: Have you given gifts to all of them like this?
He said: No. Thereupon he (the Holy Prophet) said: Then call
me not as witness, for I cannot be witness to an injustice.
Bk 12, Number 3967:
Nu'man b. Bashir, reported that Allah's Messenger (may peace
be upon him) had said: Have you, besides him, other sons? He
said: Yes. Thereupon he (the Holy Prophet) said: Have you
given gifts to all of them like this (as you have given to
Nu'man)? He said: No. Thereupon he (the Holy Prophet) said: I
cannot bear witness to an injustice.
Bk 12, Number 3968:
Nu'man b. Bashir (Allah be pleased with them) reported that
Allah's Messenger (may peace be upon him) said to his father:
Call me not as witness to an injustice.
Bk 12, Number 3969:
Nu'man b. Bashir (Allah be pleased with them) reported: My
father took me to Allah's Messenger (may peace be upon him)
and said: Allah's Messenger, bear witness that I have given
such and such gift to Nu'man from my property, whereupon he
(the Holy Prophet) said: Have you conferred upon all of your
sons as you have conferred upon Nu'man? He said: No. Thereupon
he (the Holy Prophet) said: Call someone else besides me as a
witness. And he further said: Would it, please you that they
(your children) should all behave virtuously towards you? He
said: Yes. He (the Holy Prophet) said: Then don't do that (i
e. don't give gift to one to the exclusion of others).
Bk 12, Number 3970:
Nu'man b. Bashir reported: My father conferred a gift upon me,
and then brought me to Allah's Messenger (may peace be upon
him) to make him a witness (to it). He (the Holy Prophet)
said: Have you given such gift to every son of yours (as you
have given to Nu'man)? He said: No. Thereupon he (the Holy
Prophet) said: Don't you expect goodness from them as you
expect from him? He said: Yes. of course. He (the Holy
Prophet) said: I am not going to bear witness to it (as it is
injustice). Ibn Aun (one of the narrators) said: I narrated
this hadith to Muhammad (the other narrator) who said: Verily
we narrated that lie (the Holy Prophet) had said: Observe
equity amongst your children.
Bk 12, Number 3971:
Jabir (Allah be pleased with him) reported that the wife of
Bashir said (to her husband): Give to my son your slave as a
gift, and make for me Allah's Messenger (may peace be upon
him) a witness He came to Allah's Messenger (may peace be upon
him) and said: The daughter of so and so (his wife Amra bint
Rawaha) asked me to give my slave as a gift to her son, and
call for me Allah's Messenger (may peace be upon him) as a
witness. Thereupon he (the Holy Prophet) said: Has he (Nu'man)
brothers? He (Bashir) said: Yes. He (further) said: Have you
given to all others as you have given to him? He said: No. He
said: Then it is not fair; and verily I cannot bear witness
but only to what is just.
Chapter 3: AL−'UMRA (LIFE GRANT)
Bk 12, Number 3972:
Jabir b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upon him) as saying: Whoever a
person is gifted a life grant, then it is for him (belongs to
him and to his posterity, for it belongs to him who has been
gven it). It would not return to him who gave it for he
conferred it as a gift (it becomes the property of the donee
and as such) rules of inheritance will apply to it.
Bk 12, Number 3973:
Jaber b. 'Abdullah (Allah be pleased with them) reported
Allah's Messenger (may peace be upan him) as saying: He who
conferred a life grant upon a person, it becomes his
possession and that of his successors, for he surrendered his
right in that by his declaration. (This property) now belongs
to one to whom this lifelong grant has been made, and to his
successors. Yahya narrated in the beginning of his narration:
Whatever man is given a life grant, then it belongs to him and
his posterity.
Bk 12, Number 3974:
Jabir b. 'Abdullah al−Ansari (Allah be pleased with him) said:
Allah's Messenger (may peace be upon him) said: Whoever a
person conferred Umra (life grant) upon a person and he says:
I confer upon you this and upon your descendants and anyone
who survives you, and that becomes his possession and that of
his posterity. It would become (a permanent possession) of
those who were conferred upon this gift, and it would not
return to its owner (donor), for he gave that as a gift in
which accrued the right of inheritance.
Bk 12, Number 3975:
Jabir (Allah be pleased with him) said: The Umra for which
Allah's Messenger (may peace be upon him) gave sanction that a
person way say: This (property) is for you and for your
descendants. And when he said: That is for you as long as you
live, then it will return to its owner (after the death of the
donee). Ma'mar said: Zuhri used to give religious verdict
according to this.
Bk 12, Number 3976:
Jabir b. 'Abdullah (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) commanded that
whoever is conferred upon a life grant along with his
descendants is entitled to make use of the property conferred
so long as he lives and his successors (also enjoy this
privilege). That (property) becomes the their defect
belonging. The donor cannot (after declaring Umra) lay down
any condition or make any exception. Abu Salama said: For he
conferred a grant and as such it becomes heritage. and the
right of inheritance abrogated his condition.
Bk 12, Number 3977:
Jabir (b. 'Abdullah) (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) as saying: Life
grant is for one upon whom it is bestowed.
Bk 12, Number 3978:
Jabir b. 'Abdullah reported a hadith like this through another
chain of transmitters.
Bk 12, Number 3979:
Jabir reported this hadith directly from Allah's Apostle (may
peace be upon him)
Bk 12, Number 3980:
Jabir (b. 'Abdullah) (Allah be pleased with him) reported
Allah's Messenger (may peace be upon him) having said: Keep
your property to yourselves and do not squander it, for he who
conferred a life grant upon another that property will belong
to him upon whom it is conferred whether he lives or dies, and
(would pass on) to his successors (as heritage).
Bk 12, Number 3981:
This hadith is narrated on the authority of Jabir through
other chains of transmitters, but (with this addition of
words) that thehadith transmitted on the authority of Ayyub
(these words are found):" The Helpers (Ansar) conferred the
benefit of 'Umra, upon the Emigrants (Muhajirin), whereupon
Allah's Messenger (may peace be upon him) said: Keep your
property to yourselves.
Bk 12, Number 3982:
Jabir (Allah be pleased with him) reported that a woman gave
her garden as a life grant to her son. He died and later on
she also died and left a son behind and brothers also, The
sons of the woman making life grant said (to those who had
been conferred upon this 'Umra): This garden has returned to
us. The sons of the one who had been given life grant said:
This belonged to our father, during his lifetime and in case
of his death. They took their dispute to Tariq, the freed
slave of 'Uthman. He called Jabir and he gave testimony of
Allah's Messenger (may peace be upon him) having said: Life
grant belongs to one who is conferred upon this (privilege).
Tariq gave this decision and then wrote to Abd al−Malik and
informed him, Jabir bearing witness to it. Abd al−Malik said:
Jabir has told the truth. Then Tariq gave a decree and, as a
result thereof, it is to this day that the garden belongs to
descendants of one who was conferred upon the life grant.
Bk 12, Number 3983:
Sulaiman b. Yasir reported that Jabir gave this verdict. The
inheritor has a right (to inherit) the life grant according to
the statement of Jabir (b. 'Abdullah) (Allah be pleased with
him) which he narrated from Allah's Messenger (may peace be
upon him).
Bk 12, Number 3984:
Jabir b. 'Abdullah reported Allah's Apostle (may peace be upon
him) as saying: Life grant is permissible.
Bk 12, Number 3985:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Apostle (may peace be upon him) as saying: Life grant
is the heritage of one upon whom it is conferred.
Bk 12, Number 3986:
Abd Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: Life grant is
permissible. This ha: dith is narrated on the authority of
Qatada with the same chain of transmitters.
