The Ruling on Taking Back a Gift
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Question:
He says: Honorable Shaykh, may Allah grant you success, I gave a piece of land to one of my relatives out of shyness toward him, and the deed is still in my name. I have taken back my gift because I need this land. Is there any sin on me? And what is the meaning of the saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2385Sahih (Darussalam)? If the recipient has taken possession of the gift
Answer:
then it is not permissible to take it back, except for a father in what he gives to his son; as for anyone other than the father, he does not take it back. The hadithSahih Muslim 1622g applies to him. So this is not permissible; taking back a gift is not permissible if it has been taken possession of. Taking possession of the land is by giving him the deed and vacating it, allowing the recipient to have access to it between him and the property. If he is allowed access to it, that is the taking of possession. Yes.
He says: Honorable Shaykh, may Allah grant you success, I gave a piece of land to one of my relatives out of shyness toward him, and the deed is still in my name. I have taken back my gift because I need this land. Is there any sin on me? And what is the meaning of the saying of the Prophet (peace and blessings be upon him)
The one who takes back his gift is like the one who goes back to his vomit.
العائد في هبته كالعائد في قيئهAnswer:
then it is not permissible to take it back, except for a father in what he gives to his son; as for anyone other than the father, he does not take it back. The hadith
One who gets back his gift is like a dog which vomits and then swallows that vomit.
العائد في هبته كالكلب يقيء ثم يعود في قيئه
Source
قناة «العلامة الدكتور صالح الفوزان»، [2747 -2802] حكم الرجوع في الهبة — youtube.com
The Arabic text is a machine transcription of the audio recording.