On the prohibition of taking back the gift
بسم الله والحمد لله
والصلاة والسلام على رسول الله ، وبعد
Chapter: On it being disliked for a man to take back his gift; and
on the gift given by a man to his son; and on it being disliked to purchase
something which he had given - as Sadaqah, or paid as Zakaah or as an expiation
- from the one to whom he gave it. But there is no objection if he purchases it
from a third person who is now in possession of the same.
1612 Narrated Ibn `Abbaas رضي الله عنهما: The Prophet صلى الله عليه وسلم said: “The one who takes back his gift is like a dog that
swallows its own vomit and we do not set (nor act according to) this bad
example.” [Saheeh al-Bukhaaree (2589, 2621, 2622, 6975) and Saheeh
Muslim (3955, 3958, 3960)]
In another narration it is: “He
who gets back his CHARITY is like a dog which vomits and then returns to that
and eats it.” [Saheeh Muslim (3957)]
1613 Narrated `Umar
رضي الله عنه:
Once I gave a horse in Allaah’s cause (in charity) but that person did not take
proper care of it. I intended to buy it, as I thought he would sell it at a low
price. So, I asked the Prophet صلى الله عليه وسلم about it. He صلى الله عليه وسلم said:
“Neither buy, nor take back your alms which you
have given, even if the seller were willing to sell it for one Dirham, for he
who takes back his alms is like the one who swallows his own vomit.” [Saheeh al-Bukhaaree (1490, 2623, 3003) and
Saheeh Muslim (3949, 3950, 3952, 3954)]
In this chapter the author (Imaam al-Nawawee) رحمه الله mentioned about that
which points to the prohibition of taking back the gift; meaning: you gave a
person something for free, as a donation from your side, then it is not allowed
for you to take it back, irrespective of it being little in quantity or big,
because the Prophet صلى الله عليه وسلم compared such a person, who takes back his gift, to a
dog. The dog throws up the contents of its belly and then returns to that and
eats it.
This similitude is (morally) repugnant. The Prophet صلى الله عليه وسلم likened the one who
takes back the gift in this manner only so that we should feel bad and should
flee from taking it back. And there is no difference between whether you give the
gift to a close relative or to a distant one. If you give a gift to your
brother something like a pen or a car or a house, then it is not permissible
for you to take it back, except if you are pleased with yourself to behave like
(and be compared to) a dog. No one likes to be compared to a dog.
Similarly, a son, if he gives a gift to his father, then
it is not permissible for him to take it back. Example: a rich person who has a
poor father and he gifts him a house, then it is not permissible for him to
take it back even if he is his father. But as for the opposite, if the father
gifts his son with something, then there is nothing wrong if he were to take it
back because of the saying of the Prophet صلى الله عليه وسلم: “It is not lawful for a man to make a donation or give a
gift and then take it back, except a father regarding what he gives his child...”
[1] This is because the father
has the right to take from the wealth of his son as long as it does not harm
the son.
Thereafter, the author mentioned another Hadeeth, of
`Umar Ibn al-Khattaab رضي الله عنه
that he gave a horse in the cause of Allaah (as charity); meaning: he gave the man
a horse so that the man can use it in fighting (the enemies of Allaah). The man
was negligent and did not take proper care of the horse. So `Umar رضي الله عنه thought that since the
man was neither able to maintain the horse nor provide for it, he will sell it back
to `Umar for cheap. So `Umar رضي الله عنه
mentioned that to the Prophet صلى الله عليه وسلم.
The Prophet صلى الله عليه وسلم
said: “Do not purchase it even if he were to
give it to you for a single Dirham”, because you have given it out
for the sake of Allaah. And it is not allowed for a person to purchase his own
charity because what he has given out for the sake of Allaah is not allowed to
be taken back and that is why the Prophet صلى الله عليه وسلم said: “He who gets back his charity is like a dog which vomits
and then returns to that and eats it.” So `Umar رضي الله عنه abandoned it.
This is only when the person has already received the
gift. But if the gift has not been handed out, then there is no harm if the owner
retains it. But one should take care to fulfill his promise. Example: if a
person says to another that I will give you a watch, but he has not yet given
it to him, then he has the right to retain it. But he should fulfill what he
had promised, because betraying the trust is one of the characteristics of the
hypocrites. And it is not allowed for a person to have the characteristics of
the hypocrites. And Allaah is the One Who grants success.
۩•۞•۩
[1] Narrated `Abdullaah
Ibn `Umar and `Abdullaah Ibn `Abbaas رضي الله عنهم: The Prophet صلى الله عليه وسلم said: “It is not lawful for a man to make a donation or give a
gift and then take it back, except a father regarding what he gives his child.
One who gives a gift and then takes it back is like a dog which eats and vomits
when it is full, then returns to its vomit.” [Sunan Abu Dawood (3539),
Sunan al-Tirmidhee (1298, 1299, 2132) and Sunan al-Nasaa’ee (3689, 3690, 3692,
3703, 3704) and graded as “Saheeh” by Shaikh
al-Albaanee]
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