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Book 12 gifts (kitab al−hibat)

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Book 12 gifts (kitab al−hibat)

Book 12 gifts (kitab al−hibat)

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  • 1. Bk 12 Gifts (Kitab Al−Hibat)INTRODUCTIONA Hiba is defined as the transfer of the possession ofproperty, movable and immovable, from one person to the otherwillingly and without any reward. The one who makes thistransfer is known as donor (Wahib), and the thing transferredis known as Mauhubah, and the one who is donated is known asMauhub lahu (donee). The other words used in the language ofthe Shariah are Nihla or Atiyya. The act of Hiba is notcomplete unless the donor surrenders the possession of thething donated. Moreover, the declaration of donation should bein clear terms without any ambiguity (around them). This actof donation is based on the following hadith of the HolyProphet (may peace be upon him):" Give presents to one anotherfor this would increase your mutual love." This not onlyimplies the legality of gifts, but the exhortation to givethese to one another. There is perfect agreement amongst allthe jurists that Hiba is valid in Islam. The act of donationcan be made verbally or in writing by any person capable ofmaking a contract. A gift by a person involved in debt isinvalid, and gift in death illness cannot take effect beyondone−third of the assets of the deceased after defraying allnecessary expenses. The donation can be made to a livingperson and not to one who is dead. The Shariah imposescertain restrictions on the property which is to be donated.In the first place, the property must be in existence at thetime when the gift is given; hence the gift of oil in thesesame or of butter in the milk would not be valid. Theproperty once given as a gift cannot be revoked except in someextraordinary circumstances. The father is entitled to getback the donation given by him from his children if be findsit contrary to the laws and spirit of the Shariah. The rightto revoke a gift is called Raj. This act of revocation can bedone with the decree of a competent court.
  • 2. Chapter 1: DISAPPROVAL OF BEUYING THE DONATED PROPERTY BY THEDONOR HIMSELFBk 12, Number 3949:Umar b. Khattab (Allah be pleased with him) reported: Idonated a pedigree horse in the path of Allah. Its possessermade it languish. I thought that he would sell it at a cheapprice. I asked Allahs Menengsr (may peace be upon him) aboutit, whereupon he said: Dont buy it and do not get back yourcharity, for one who gets back the charity is like a dog whoswallows its vomit. This hadith has been narrated on theauthority of Malik b. Anas with the same chain of transmittersbut with this addition:" Dont buy that even if he gives youfor one dirham."Bk 12, Number 3950:Zaid b. Aslam reported on the authority of his father thatUmar (Allah be pleased with him) donated a horse in the pathof Allah. He found that it had languished in the hand of itspossessor, and he was a man of meagre resources He (HadratUmar) intended to buy it. He came to Allahs Messenger (maypeace be upon him) and made a mention of that to him,whereupon he said: Dont buy that even if you get it for adirham for he who gets back the charity is like a dog whichswallows its vomit.Bk 12, Number 3951:This hadith has been narrated on the authority of Zaid b.Aslam with the same chain of transmitters but with this(change) that the hadith transmitted on the authority of Malikand Rauh (he was the son of Qisirn) is more complete andlengthy.Bk 12, Number 3952:Ibn Umar reported that Umar b. al−Khattib (Allah be pleasedwith him) donated a horse in the path of Allah and (later on)he found it being sold, and he decided to buy that. He askedthe Messenger of Allah (may peace be upon him) about it.whereupon he (the Holy prophet) said: Dont buy that and donot get back what you gave in charity.Bk 12, Number 3953:This hadith has been narrated on the authority of Ibn Umar
  • 3. through another chain of transmitters.Bk 12, Number 3954:Salim reported from Ibn Umar (Allah be pleased with them) thatUmar donated a horse in the path of Allah and then found itbeing sold, and he decided to buy that. He asked AllahsApostle (may peace be upon him) about it, whereupon AllahsMessenger (may peace be upon him) said: Umar, do not get backwhat you gave as charity.Bk 12, Number 3955:Ibn Abbas (Allah be pleased with them) reported AllahsApostle (may peace be upon him) having said this: He who getsback his charity is like a dog which vomit, and then returnsto that and eats it.Bk 12, Number 3956:A hadith like this is reported on the authority of Muhammadson of Fatima (Allah be pleased with her) daughter of AllahsMessenger (may peace be upon him).Bk 12, Number 3957:Ibn Abbas (Allah be pleased with them) reported: I heardAllahs Messenger (may peace be upon him) say: The similitudeof one who gives a charity and then gets it back is like thatof a dog which vomits and then eats its vomit.Bk 12, Number 3958:Ibn Abbas (Allah be pleased with them) reported AllahsApostle (may peace be upon him) as saying: One who gets backthe gift is like one who eats vomit.Bk 12, Number 3959:This hadith has been narrated on the authority of Qatada withthe same chain of transmitters.Bk 12, Number 3960:Abdullah b. Tawus reported on the authority of his father whoreported from Ibn Abas (Allah be pleased with them) whoreported from Allahs Messenger may peace be upon him) thathe said: One who gets back his gift is like a dog which vomitsand then swallows that vomit.Chapter 2: DISAPPROVAL OF GIVING PREFERENCE TO SOME CHILDRENWHILE MAKING DONATIONBk 12, Number 3961:
  • 4. Numan b. Bashir reported that his father brought him toAllahs Messenger (may peace be upon him) and said: I havedonated this slave of mine to my son. Allahs Messenger (maypeace be upon him) said: Have you donated to every one of yoursons (a slave) like this? He said: No. Thereupon AllahsMessenger (may peace he upon him) said: Then take him back.Bk 12, Number 3962:Numan b. Bashir reported: My father brought me to AllahsMessenger (may peace be upon him) and said: I have donatedthis slave to my son. whereupon he said: Have you made (such)donation to every one or your sons? He said: No. Thereupon he(the−Holy Prophet) said: Then take him back.Bk 12, Number 3963:This hadith has been narrated on the authority of Zubri withdifferent chains of transmitters and a slight variation ofwords.Bk 12, Number 3964:Numan b. Bashir reported that his father had donated a slaveto him. Allahs Apostle (may peace he upon him) said: Who isthis slave (how have you come to possess it)? Thereupon he(Numan b. Bashir) said: My father has donated it to me,whereupon he said: Have all brothers (of yours) been giventhis gift as given to you? He said: No. Thereupon he (the HolyProphet) said: Then return him.Bk 12, Number 3965:Numan b. Bashir reported: My father donated to me some of hisproperty. My mother Amra bint Rawaha said: I shall not bepleased (with this act) until you make Allahs Messenger (maypeace be upon him) a witness to it. My father went to AllahsApostle (may peace be upon him) in order to make him thewitness of the donation given to me. Allahs Messenger (maypeace be upon him) said to him: Have you done the same withevery son of yours? He said: No. Thereupon he (the HolyProphet) said: Fear Allah, and observe equity in case of yourchildren. My father returned and got back the gift.Bk 12, Number 3966:Numan b. Bashir reported that his mother bint Rawaha askedhis (Numans) father about donating some gifts from his
  • 5. property to his son. He deferred the matter by one year, andthen set forth to do that. She (Numans mother) said: I shallnot be pleased unless you call Allahs Messenger (may peace beupon him) as witness to what you confer as a gift on your son.(Numan said): So father took hold of my hand and I was atthat time a boy, and came to Allahs Messenger (may peace beupon him). and said: Allahs Messenger, the mother of this son(of mine), daughter of Rawaha wishes that I should call youwitness to what I confer as gift to her son. Allahs Messenger(may pease be upon him) said: Bashir, have you any other sonbesides this (son of yours)? He said: Yes. He (the HolyProphet) said: Have you given gifts to all of them like this?He said: No. Thereupon he (the Holy Prophet) said: Then callme not as witness, for I cannot be witness to an injustice.Bk 12, Number 3967:Numan b. Bashir, reported that Allahs Messenger (may peacebe upon him) had said: Have you, besides him, other sons? Hesaid: Yes. Thereupon he (the Holy Prophet) said: Have yougiven gifts to all of them like this (as you have given toNuman)? He said: No. Thereupon he (the Holy Prophet) said: Icannot bear witness to an injustice.Bk 12, Number 3968:Numan b. Bashir (Allah be pleased with them) reported thatAllahs Messenger (may peace be upon him) said to his father:Call me not as witness to an injustice.Bk 12, Number 3969:Numan b. Bashir (Allah be pleased with them) reported: Myfather took me to Allahs Messenger (may peace be upon him)and said: Allahs Messenger, bear witness that I have givensuch and such gift to Numan from my property, whereupon he(the Holy Prophet) said: Have you conferred upon all of yoursons as you have conferred upon Numan? He said: No. Thereuponhe (the Holy Prophet) said: Call someone else besides me as awitness. And he further said: Would it, please you that they(your children) should all behave virtuously towards you? Hesaid: Yes. He (the Holy Prophet) said: Then dont do that (ie. dont give gift to one to the exclusion of others).Bk 12, Number 3970:
  • 6. Numan b. Bashir reported: My father conferred a gift upon me,and then brought me to Allahs Messenger (may peace be uponhim) to make him a witness (to it). He (the Holy Prophet)said: Have you given such gift to every son of yours (as youhave given to Numan)? He said: No. Thereupon he (the HolyProphet) said: Dont you expect goodness from them as youexpect from him? He said: Yes. of course. He (the HolyProphet) said: I am not going to bear witness to it (as it isinjustice). Ibn Aun (one of the narrators) said: I narratedthis hadith to Muhammad (the other narrator) who said: Verilywe narrated that lie (the Holy Prophet) had said: Observeequity amongst your children.Bk 12, Number 3971:Jabir (Allah be pleased with him) reported that the wife ofBashir said (to her husband): Give to my son your slave as agift, and make for me Allahs Messenger (may peace be uponhim) a witness He came to Allahs Messenger (may peace be uponhim) and said: The daughter of so and so (his wife Amra bintRawaha) asked me to give my slave as a gift to her son, andcall for me Allahs Messenger (may peace be upon him) as awitness. Thereupon he (the Holy Prophet) said: Has he (Numan)brothers? He (Bashir) said: Yes. He (further) said: Have yougiven to all others as you have given to him? He said: No. Hesaid: Then it is not fair; and verily I cannot bear witnessbut only to what is just.Chapter 3: AL−UMRA (LIFE GRANT)Bk 12, Number 3972:Jabir b. Abdullah (Allah be pleased with them) reportedAllahs Messenger (may peace be upon him) as saying: Whoever aperson is gifted a life grant, then it is for him (belongs tohim and to his posterity, for it belongs to him who has beengven it). It would not return to him who gave it for heconferred it as a gift (it becomes the property of the doneeand as such) rules of inheritance will apply to it.Bk 12, Number 3973:Jaber b. Abdullah (Allah be pleased with them) reportedAllahs Messenger (may peace be upan him) as saying: He who
  • 7. conferred a life grant upon a person, it becomes hispossession and that of his successors, for he surrendered hisright in that by his declaration. (This property) now belongsto one to whom this lifelong grant has been made, and to hissuccessors. Yahya narrated in the beginning of his narration:Whatever man is given a life grant, then it belongs to him andhis posterity.Bk 12, Number 3974:Jabir b. Abdullah al−Ansari (Allah be pleased with him) said:Allahs Messenger (may peace be upon him) said: Whoever aperson conferred Umra (life grant) upon a person and he says:I confer upon you this and upon your descendants and anyonewho survives you, and that becomes his possession and that ofhis posterity. It would become (a permanent possession) ofthose who were conferred upon this gift, and it would notreturn to its owner (donor), for he gave that as a gift inwhich accrued the right of inheritance.Bk 12, Number 3975:Jabir (Allah be pleased with him) said: The Umra for whichAllahs Messenger (may peace be upon him) gave sanction that aperson way say: This (property) is for you and for yourdescendants. And when he said: That is for you as long as youlive, then it will return to its owner (after the death of thedonee). Mamar said: Zuhri used to give religious verdictaccording to this.Bk 12, Number 3976:Jabir b. Abdullah (Allah be pleased with him) reported thatAllahs Messenger (may peace be upon him) commanded thatwhoever is conferred upon a life grant along with hisdescendants is entitled to make use of the property conferredso long as he lives and his successors (also enjoy thisprivilege). That (property) becomes the their defectbelonging. The donor cannot (after declaring Umra) lay downany condition or make any exception. Abu Salama said: For heconferred a grant and as such it becomes heritage. and theright of inheritance abrogated his condition.Bk 12, Number 3977:Jabir (b. Abdullah) (Allah be pleased with him) reported
  • 8. Allahs Messenger (may peace be upon him) as saying: Lifegrant is for one upon whom it is bestowed.Bk 12, Number 3978:Jabir b. Abdullah reported a hadith like this through anotherchain of transmitters.Bk 12, Number 3979:Jabir reported this hadith directly from Allahs Apostle (maypeace be upon him)Bk 12, Number 3980:Jabir (b. Abdullah) (Allah be pleased with him) reportedAllahs Messenger (may peace be upon him) having said: Keepyour property to yourselves and do not squander it, for he whoconferred a life grant upon another that property will belongto him upon whom it is conferred whether he lives or dies, and(would pass on) to his successors (as heritage).Bk 12, Number 3981:This hadith is narrated on the authority of Jabir throughother chains of transmitters, but (with this addition ofwords) that thehadith transmitted on the authority of Ayyub(these words are found):" The Helpers (Ansar) conferred thebenefit of Umra, upon the Emigrants (Muhajirin), whereuponAllahs Messenger (may peace be upon him) said: Keep yourproperty to yourselves.Bk 12, Number 3982:Jabir (Allah be pleased with him) reported that a woman gaveher garden as a life grant to her son. He died and later onshe also died and left a son behind and brothers also, Thesons of the woman making life grant said (to those who hadbeen conferred upon this Umra): This garden has returned tous. The sons of the one who had been given life grant said:This belonged to our father, during his lifetime and in caseof his death. They took their dispute to Tariq, the freedslave of Uthman. He called Jabir and he gave testimony ofAllahs Messenger (may peace be upon him) having said: Lifegrant belongs to one who is conferred upon this (privilege).Tariq gave this decision and then wrote to Abd al−Malik andinformed him, Jabir bearing witness to it. Abd al−Malik said:Jabir has told the truth. Then Tariq gave a decree and, as a
  • 9. result thereof, it is to this day that the garden belongs todescendants of one who was conferred upon the life grant.Bk 12, Number 3983:Sulaiman b. Yasir reported that Jabir gave this verdict. Theinheritor has a right (to inherit) the life grant according tothe statement of Jabir (b. Abdullah) (Allah be pleased withhim) which he narrated from Allahs Messenger (may peace beupon him).Bk 12, Number 3984:Jabir b. Abdullah reported Allahs Apostle (may peace be uponhim) as saying: Life grant is permissible.Bk 12, Number 3985:Jabir b. Abdullah (Allah be pleased with them) reportedAllahs Apostle (may peace be upon him) as saying: Life grantis the heritage of one upon whom it is conferred.Bk 12, Number 3986:Abd Huraira (Allah be pleased with him) reported AllahsApostle (may peace be upon him) as saying: Life grant ispermissible. This ha: dith is narrated on the authority ofQatada with the same chain of transmitters.

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