Gifts
كتاب الهبة وفضلها والتحريض عليها
Chapter 12: Giving gifts to one's sons
الْهِبَةِ لِلْوَلَدِ
If somebody gives something to some of his sons then it is not permissible unless he does justice to all of his sons and gives the same to the other sons equally, but no one has the right to bear witness to what one’s father does. The Prophet said, “Do justice when giving a gift to your children.” Is it permissible for the father to demand back the gift which he has given to his children? What one can eat from one’s son’s property? One can eat reasonably without extravagance. And the Prophet bought a camel from ‘Umar and gave it to Ibn ‘Umar and said, “Dispose it as you like.”
that his father took him to Allah's Messenger (ﷺ) and said, "I have given this son of mine a slave." The Prophet asked, "Have you given all your sons the like?" He replied in the negative. The Prophet (ﷺ) said, "Take back your gift then."
Chapter 13: The witnesses for the gifts
الإِشْهَادِ فِي الْهِبَةِ
I heard An-Nu`man bin Bashir on the pulpit saying, "My father gave me a gift but `Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah's Messenger (ﷺ) as a witness to it. So, my father went to Allah's Messenger (ﷺ) and said, 'I have given a gift to my son from `Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah's Messenger (ﷺ)!' Allah's Messenger (ﷺ) asked, 'Have you given (the like of it) to everyone of your sons?' He replied in the negative. Allah's Messenger (ﷺ) said, 'Be afraid of Allah, and be just to your children.' My father then returned and took back his gift."
Chapter 14: Giving gifts by a husband to his wife, and by a wife to her husband
هِبَةِ الرَّجُلِ لاِمْرَأَتِهِ وَالْمَرْأَةِ لِزَوْجِهَا
Ibrahim said, “It is permissible.” ‘Umar bin ‘Abdul ‘Aziz said, “None of them can take his gift back.” The Prophet took permission from his wives to let him stay with ‘Aishah during his illness. The Prophet said, “A person who takes back his gift (what he donates) is like a dog that swallows back its vomit.” Az-Zuhri said, “If a husband asks his wife to remit all or some of the Mahr (bridal money), and shortly after her consent he divorces her whereupon she demands what she has given up, then he should pay back her gift, if he has deceived her. But if she has given her free consent willingly and the man has meant no deception, the gift is valid, for Allah تعالى says:
“… But if they, of their own good pleasure, remit any part of it to you…” (V.4:4)
Ubaidullah bin `Abdullah told me that `Aisha had said, "When the Prophet (ﷺ) became sick and his condition became serious, he requested his wives to allow him to be treated in my house, and they allowed him. He came out leaning on two men while his feet were dragging on the ground. He was walking between Al-`Abbas and another man." 'Ubaidullah said, "When I informed Ibn `Abbas of what `Aisha had said, he asked me whether I knew who was the second man whom `Aisha had not named. I replied in the negative. He said, 'He was `Ali bin Abi Talib."
The Prophet (ﷺ) said, "One who takes back his gift (which he has already given) is like a dog that swallows its vomit."
Chapter 15: A woman giving gifts to someone other than husband
هِبَةِ الْمَرْأَةِ لِغَيْرِ زَوْجِهَا
Allah تعالى says: "And give not unto the foolish your property..." (V.4:5)
Once I said, "O Allah's Messenger (ﷺ)! I have no property except what has been given to me by Az-Zubair (i.e. her husband). May I give in charity?" The Prophet (ﷺ) said, "Give in charity and do not withhold it; otherwise Allah will withhold it back from you . "
Allah's Messenger (ﷺ) said, "Give (in charity) and do not give reluctantly lest Allah should give you in a limited amount; and do not withhold your money lest Allah should withhold it from you."
the freed slave of Ibn `Abbas, that Maimuna bint Al-Harith told him that she manumitted a slave-girl without taking the permission of the Prophet. On the day when it was her turn to be with the Prophet, she said, "Do you know, O Allah's Messenger (ﷺ), that I have manumitted my slave-girl?" He said, "Have you really?" She replied in the affirmative. He said, "You would have got more reward if you had given her (i.e. the slave-girl) to one of your maternal uncles."
Whenever Allah's Messenger (ﷺ) wanted to go on a journey, he would draw lots as to which of his wives would accompany him. He would take her whose name came out. He used to fix for each of them a day and a night. But Sauda bint Zam`a gave up her (turn) day and night to `Aisha, the wife of the Prophet in order to seek the pleasure of Allah's Messenger (ﷺ) (by that action).
Chapter 16: Who is to be given the gift first?
بِمَنْ يُبْدَأُ بِالْهَدِيَّةِ
Narrated Maimuna, the wife of the Prophet (ﷺ) that she manumitted her slave-girl and the Prophet (ﷺ) said to her, "You would have got more reward if you had given the slave-girl to one of your maternal uncles."
I said, "O Allah's Messenger (ﷺ)! I have two neighbors; which of them should I give a gift to?" The Prophet (ﷺ) said, "(Give) to the one whose door is nearer to you."
Chapter 17: Whoever refused to accept a present
مَنْ لَمْ يَقْبَلِ الْهَدِيَّةَ لِعِلَّةٍ
Umar bin Abdul-Aziz said, "A gift was (really) a gift during the lifetime of Allah’s Messenger ﷺ, but today it is a bribe."
That he heard As-Sa'b bin Jath-thama Al-Laithi, who was one of the companions of the Prophet, saying that he gave the meat of an onager to Allah's Messenger (ﷺ) while he was at a place called Al-Abwa' or Waddan, and was in a state of Ihram. The Prophet (ﷺ) did not accept it. When the Prophet (ﷺ) saw the signs of sorrow on As-Sa'b's face because of not accepting his present, he said (to him), "We are not returning your present, but we are in the state of Ihram." (See Hadith No. 747)
The Prophet (ﷺ) appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet (ﷺ) said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"
Chapter 18: If somebody gives another a present and dies before the gift reaches the other person
إِذَا وَهَبَ هِبَةً أَوْ وَعَدَ ثُمَّ مَاتَ قَبْلَ أَنْ تَصِلَ إِلَيْهِ
‘Ubaida said, "If both the giver and the receiver have died but the present was set aside (i.e., separated) in the lifetime of the receiver, it will be given to his inheritors, and if it was not separated, it will go to the inheritors of the giver." Al-Hasan said, "It will be given to the inheritors of the receiver (i.e., to whom the present was meant) no matter who died first, if the gift has been delivered to the messenger."
The Prophet (ﷺ) said to me, "I will give you so much (the Prophet (ﷺ) pointed thrice with his hands) when funds of Bahrain will come to me." But the Prophet (ﷺ) died before the money reached him. (When it came) Abu Bakr ordered an announcer to announce that whoever had a money claim on the Prophet (ﷺ) or was promised to be given something, should come to Abu Bakr. I went to Abu Bakr and told him that the Prophet (ﷺ) had promised to give me so much. On that Abu Bakr gave me three handfuls (of money).
Chapter 19: To take over the slave and property (given as gift)
كَيْفَ يُقْبَضُ الْعَبْدُ وَالْمَتَاعُ
Narrated Ibn 'Umar: I was riding a troublesome camel and the Prophet ﷺ bought it and said: "It (this camel) is for you, O 'Abdullah."
Allah's Messenger (ﷺ) distributed some cloaks but did not give anything thereof to Makhrama. Makhrama said (to me), "O son! accompany me to Allah's Messenger (ﷺ)." When I went with him, he said, "Call him to me." I called him (i.e. the Prophet (ﷺ) ) for my father. He came out wearing one of those cloaks and said, "We kept this (cloak) for you, (Makhrama)." Makhrama looked at the cloak and said, "Makhrama is pleased," (or the Prophet (ﷺ) said), "Is Makhrama pleased?"
Chapter 20: The receiver taking the gift into his possession
إِذَا وَهَبَ هِبَةً فَقَبَضَهَا الآخَرُ، وَلَمْ يَقُلْ قَبِلْتُ
A man came to Allah's Messenger (ﷺ) and said, "I am ruined." The Prophet (ﷺ) asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet (ﷺ) asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet (ﷺ) then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet (ﷺ) said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Messenger (ﷺ)? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Messenger (ﷺ) told him to take it and provide his family with it."
Chapter 21: If a creditor gives the debt, due to him, as a gift, ...
إِذَا وَهَبَ دَيْنًا عَلَى رَجُلٍ
According to Al-Hakam, it is permissible. Al-Hasan bin 'Ali رضي الله عنه gave up the debt due to him to a man as a gift. The Prophet ﷺ said, "If somebody owes something, he should either repay it or get it remitted." Jabir said, "When my father was martyred, he was in debt. So, the Prophet ﷺ asked his creditors to take the fruits of my garden and forgive my father."
My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah's Messenger (ﷺ) and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah's Messenger (ﷺ) did not give them the fruits, nor did he cut them and distribute them among them, but said, "I will come to you tomorrow morning." So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah's Messenger (ﷺ), who was sitting, and informed him about what happened. Allah's Messenger (ﷺ) told `Umar, who was sitting there, to listen to the story. `Umar said, "Don't we know that you are Allah's Messenger (ﷺ)? By Allah! you are Allah's Messenger (ﷺ)!"
Chapter 22: The giving of a gift by one person to a group
هِبَةِ الْوَاحِدِ لِلْجَمَاعَةِ
Asma' said to Al-Qasim bin Muhammad and Ibn Abu 'Atiq, "I inherited some land in the forest from my sister 'Aishah, and Mu'awiya offered me one hundred thousand for it, but I give it to both of you as a gift."
A drink (milk mixed with water) was brought to the Prophet (ﷺ) who drank some of it while a boy was sitting on his right and old men on his left. The Prophet (ﷺ) said to the boy, "If you permit me, I'll give (the rest of the drink to) these old men first." The boy said, "I will not give preference to any one over me as regards my share from you, O Allah's Messenger (ﷺ)!" The Prophet (ﷺ) then put that container in the boy's hand. (See Hadith No. 541).
Chapter 23: The received, unreceived, divided and undivided gifts
الْهِبَةِ الْمَقْبُوضَةِ وَغَيْرِ الْمَقْبُوضَةِ، وَالْمَقْسُومَةِ وَغَيْرِ الْمَقْسُومَةِ
The Prophet ﷺ and his companions gave to the people of Hawazin what they had got from them as war booty, although it had not been divided yet.
Jabir (ra) said, "I went to the Prophet (ﷺ) in the mosque and he paid me my right and gave me more than he owed me."
I sold a camel to the Prophet (ﷺ) on one of the journeys. When we reached Medina, he ordered me to go to the Mosque and offer two rak`at. Then he weighed for me (the price of the camel in gold) and gave an extra amount over it. A part of it remained with me till it was taken by the army of Sham on the day of Harra."
A drink (of milk and water) was brought to Allah's Messenger (ﷺ) while a boy was sitting on his right side and old men were sitting on his left side. He asked the boy, "Will you allow me to give it to these (people)?" The boy said, "No, by Allah, I will not allow anyone to take my right from you." Then the Prophet put the bowl in the boy's hand.