Take Back Gift By Islam


It was explained that the gift agreement is not valid unless after handed over in the opinion of the majority of Ulama. This resulted in a gift agreement from the kepermanenannya through two phases:

1. The phase before been handed over

When the gift is not permanent. The majority of Ulama postulated by the hadith of Umm Kulthum bint Abu Salama رضي الله عنه which states:

لما تزوج رسول الله صلى الله عليه وسلم أم سلمة, قال لها: إني قد أهديت إلى النجاشي حلة وأواقي من مسك, ولا أرى النجاشي إلا قد مات, ولا أرى إلا هديتي مردودة علي, فإن ردت علي, فهي لك: قال: وكان كما قال رسول الله صلى الله عليه وسلم, وردت عليه هديته, فأعطى كل امرأة من نسائه أوقية مسك, وأعطى أم سلمة بقية المسك والحلة.

When the Messenger صلى الله عليه وسلم married Umm Salamah رضي الله عنه, he صلى الله عليه وسلم said to him, "Behold, I have given a gift to Najasyi of clothes and a few bottles of musk and I'm sure Najasyi already died and the gift will be returned to me. If returned to me, then it is yours. " Umm Kulthum رضي الله عنه said, '' And it came to pass as the Prophet صلى الله عليه وسلم said and returned the prize to him, and he صلى الله عليه وسلم give each wife a bottle of oil of musk and leave the rest of the oil of musk and clothing to Umm Salamah (HR. Ahmad and Ibn Hibban, but the hadith is judged weak by Shaykh al-Albani in al-Irwa ', no. 1620).
Also because the gift is a contract tabarru (non-profit), if valid without handover, certainly by the gift have the right to sue the giver to hand the prize to him, so that it becomes like a contract Dhaman (compensation). It does not fit. Plus the withdrawal of the gift before the handover showed the giver is not pleased with the gift. If forced to surrender, then equal to removing property without contentment. This is contrary to the nature of the gift itself.

2. The phase after the handover

Gifts in this state is permanent and binding that should not be withdrawn, as prohibited in the words of the Prophet He :
والعائد في هبته كالكلب يعود في قيئه
People who withdraw its gift as dogs lick back vomit. (HR. Al-Bukhari).
He is also the word:
لا يحل لرجل أن يعطي عطية أو هبة ثم يرجع فيها, إلا الوالد فيما يعطي ولده
It is not allowed for a man who gives gifts or bequests then he pulled back his gift unless giving parents to their children. (Reported by Ahmad, Ibn Hibban and Abu Dawud, the hadith is considered authentic by Shaykh al-Albani in Sahih al-Jami, no. 2775).

Thus it is evident after the handover, gifts belong to and forbidden by pulling back.

Source: Hadiah dalam perspektif Fikh, by: Ustadz Kholid Syamhudi, Lc, taken from As-Sunnah magazine, ed. 07 th. xix_1437h / 2015m, p 11-14

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