Gifting 101
What are the two actions that make a gift contract valid, and what makes it complete?
The gift becomes valid by offer and acceptance, and it becomes complete with taking possession.
Can a person retract a gift given to a non-relative?
Yes, retracting it is permitted, unless exceptions apply.
What is the ruling on the gift if the person given the gift takes possession during the same session without permission? Explain
It is permitted if within the same session, but not valid if after separation—unless the giver consents.
________ is similar to a gift
Sadaqah
List any three of the seven statements by which a gift may be made.
“I give you as a gift…”
“I make a present of to you…”
“I give you…”
“I feed you this food,”
“I render this garment yours,”
“I have given you this thing for life,”
“I have mounted you on this animal,” (with intent of gift).
What are the four situations where a person cannot take a gift back? Name two
If they received something in return.
If the gift increased and became mixed in.
If one party died.
If the gift left the recipient’s ownership.
Maulana Oosman gifts Omer his blue Lexus UX250 since he heard his car is in-operational for the forseeable future. He excludes the wheels for some reason. Allowed?
The gift is valid, but the exclusion is ignored.
Sh Maqsud gifts a toy to Zaid, who is a kiddo. According to the text, is this valid?
The minor’s guardian, such as a father, must take possession of the gift for it to be complete.
Why is gifting flour still in grains or oil in sesame not valid?
Because the flour or oil is not yet separate from its source (wheat or sesame), making the gift vitiated—even if ground, it is still not permitted.
Omer gifts a a crate of 9mm rounds to Sh Hasan. Later, Sh Hasan says, "Take this AR-15 in exchange for your gift," and Omer accepts it. What is the ruling on Omer's ability to retract the the crate ammo now?
Retraction is no longer allowed. Something was given in exchange.
Hajerah tells Omer, “This car is yours now.” Can she take it back later if she wants?
No, gifts between spouses cannot be retracted.
Safiya gives a laptop to a Seekers1 student and says, “It’s sadaqah.” The Seekers1 student takes it. Can Safiya take it back later?
No, charity cannot be taken back once it’s in the other person’s hands.
What two specific conditions must be met for a gift of something divisible to be permitted?
It must be clearly divided/demarcated (so that benefit can still be obtained from that section) and free from rights from others
Saba gifts her friend her Thesaurus and says, “I want this back if I ever switch jobs.” Later, the friend sells it. Can Saba get it back?
No, once the gift leaves the recipient’s ownership — like by being sold — the giver can’t retract it anymore.
Define and differentiate between ‘Umra and Ruqba, and list the opinions of the scholars mentioned regarding the validity of Ruqba.
'Umra: Grant of use for life—permitted for the donee and heirs.
Ruqba: Gift based on succession—void according to Abū Ḥanīfah and Muḥammad; permitted by Abū Yūsuf.
Mujtaba makes sincere dua during the Hidaya Nahw test. "If I get a A, I'll donate it all to charity!"
He must give everything he owns, except enough to support himself and his family.
DOUBLE OR NOTHING
Explain the rest of the mas'ala regarding the amount he retains
Moulana Oosman decides to gift a book to Sabith, but he says, "You may use this book for as long as you live, but I will retain ownership." What is the status of this gift?
The book goes to the sister's side, never to be used by Sabith. JK
This type of gift, where use is granted but ownership remains with the giver, violates the conditions for a valid gift. Ownership must be transferred for the gift to be valid, so the gift is invalid.
(1) Under what two conditions is retraction of a gift valid, and (2) what must happen if the material gift is ruined and a rightful claimant appears?
(1) Retraction is valid with the consent of both parties or a judge’s order.
(2) If the gift is ruined and a claimant appears, the giver cannot reclaim anything.
Burahaun sleeps at Miftaah for many days, so Mujtaba and Sabith come together to buy a house for him. Is this allowed?
Then, Burahaun gifts Mujtaba and Sabith one copy of Qudoori with full English translation and Iraab. Is this valid? Explain with opinions.
(1) Valid: Two people gifting one house to one person.
(2) One person gifting to two people: Abu Ḥanifah says not valid; Shaykhayn say it is valid.
Sr.Ruby gifts a small portion of Miftaah parking lot Khadija, so she can claim ownership of land in the United States. Come up with two reasons, from the text, why it would not be allowed?
It’s not allowed unless (1) the land is clearly divided and (2) has no other shared rights.