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Gifts in this state is permanent and binding that should not be withdrawn, as prohibited in the words of the Prophet He :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

Popular posts from this blog

Four Kings Of The World

Image
Bismillah was shalatu was salamu 'ala Rasulillah, wa ba'du, Information about the king of the world No 4, is mentioned in a lot of history, among other things, [1] History of Muawiyah radi 'anhu, ملك الأرض أربعة: سليمان بن داود وذو القرنين ورجل من أهل حلوان ورجل آخر Kings of the earth there are 4: Sulaiman bin Daud, Dhul-Qarnayn, Someone from Halwan population, and one other person. (HR. Mustadrak al-Hakim in 4143 with no comments from the ad-Dhahabi) [2] History of Ibn Abbas radi 'anhuma, in marfu' (sayings of the Prophet sallallaahu 'alaihi wa sallam), ملك الأرض أربعة: مؤمنان وكافران; فالمؤمنان: ذو القرنين وسليمان, والكافران: نمرود وبختنصر, وسيملكها خامس من أهل بيتي King of the earth there are 4, two believers and two unbelievers. For two kings believer, Dhu'l-Qarnayn and Sulayman. While the two kings who disbelieve: Namrudz and Bukhtanshar. And the earth will be controlled by someone from experts baitku. (Mentioned Ibn Jawzi in al-Muntad
Read more

The Biography Of Shaikh Salim al-Hilali

Image
He was an ash-Shaykh al-Muhaddits Salim Abu Usama bin Eid al-Hilaly as-Salafi al-Atsary, one student reliable al-Imam al-Muhaddits al-Allama Muhammad an-Nasir bin Nuh al-Albany Najaty Rahimahullah. He was born in the year 1377H / 1957M in al-Khalil, Palestine. He now lives in Amman, Jordan with students comprise the Albany Imam Imam Markaz Albany. He included scholars' very productive once wrote books and other scientific articles, among his works are: - Mausu'at al-Manahy ash-Syar'iyyah FII shohih as- Sunnah an-Nabawiyah amounting to 4 volumes, translated under the title Encyclopedia ban by Reader Imam Shafi'i new one volume. - Bahjatun Nadhirin Syarh ar bi-Riyadhis Shalihin totaling 3 volumes and has been translated under the title Syarah Riyadhus Righteous by Reader Imam Shafi'i. - Limaadza ikhtartu al-manhaj as-Salafi who has translated the title Selecting Manhaj Salaf by Reader Imam Bukhari. - Al-Jama'at al-Islamiyya fi dhou'il Kitaabi was Sunnah that h
Read more

Signs Of Death By Imam Ghazali

Image
Based on Imam Ghazali opinion, Allah has signaled the death of a Muslim since 100 days, 40 days, 7 days, 3 days and one day before death. Mark 100 days before death After the time of Asr (at the time of Asr because of the change from daylight to dark), we feel from head to toe chills, very strong vibration, other than the usual, those who realize it will be wonderful hearts, but for those who do not realize there is no influence anything. Sign 40 days before death After Asr heart throb. bearing the name leaves in Lauhil Mahfouz will be void. Angel of death will take the leaves begin to follow our journey throughout the day. Signs 7 days before death Will be tested with the pain, the pain is usually not appetite, but with this pain suddenly became tasteful asking for food and such. Signs 3 days before death Feels throbbing middle of the forehead, if the sign is considered, then we fasted, so that our stomach is not much dirty and facilitate the affairs of people who
Read more